Apartment seached

[stoneplanet2343]

What is the name of your state? California

When I was living in California in an apartment I had my apartment searched which seamed very illegal to me. Police received a call that I was wearing a half mask paint respirator which made them think I had a drug lab in my apartment. The police went to the apartment management and one of the security guards took the keys and opened my apartment immediately with no notice. They searched my apartment after I opened the door that was half open with a deadbolt keeping it just a crack open. I had Ajax cleaner on the kitchen counter in a pile as I was cleaning my kitchen. They said it was drugs and searched my apartment which I know was lies they used to get into my apartment to see if they could find anything else. After they used a mass spectrometer to see it was infact ajax cleaner they searched my whole apartment and found absolutely nothing. I was let go after an hour or so and they left. What made me the most aggravated was that the responded to a call of someone wearing a respirator from homedepot that you can find a ton of people wearing for a variety of tasks, and that they went to the apartment company to open my door which I'm pretty sure is illegal. My guess is they used the part of the respirator to use cover the illegal things they were doing even though they knew it was just someone wearing one of them. Any info?

 

[quincy]

What is the name of your state? California

When I was living in California in an apartment I had my apartment searched which seamed very illegal to me. Police received a call that I was wearing a half mask paint respirator which made them think I had a drug lab in my apartment. The police went to the apartment management and one of the security guards took the keys and opened my apartment immediately with no notice. They searched my apartment after I opened the door that was half open with a deadbolt keeping it just a crack open. I had Ajax cleaner on the kitchen counter in a pile as I was cleaning my kitchen. They said it was drugs and searched my apartment which I know was lies they used to get into my apartment to see if they could find anything else. After they used a mass spectrometer to see it was infact ajax cleaner they searched my whole apartment and found absolutely nothing. I was let go after an hour or so and they left. What made me the most aggravated was that the responded to a call of someone wearing a respirator from homedepot that you can find a ton of people wearing for a variety of tasks, and that they went to the apartment company to open my door which I'm pretty sure is illegal. My guess is they used the part of the respirator to use cover the illegal things they were doing even though they knew it was just someone wearing one of them. Any info?

When did this happen?

The police were not able to get into your apartment with the security guard's keys because you were home and your other lock kept them from entering. With the door open a crack, you saw it was the police outside. Did you then unlatch the door to let the police into your apartment?

What do you mean when you say you were "let go?" Did the police have you restrained?

It is not illegal for the police to respond to a report of drug manufacturing in an apartment. It is not illegal for apartment management to enter a tenant's apartment, or to give permission to the police to enter a tenant's apartment, without advance notice under some circumstances.

 

[stoneplanet2343]

It happened like a year ago and correct I let them in because I had nothing to hide. They sat me down in the hallway for an hour while they searched the apartment then they left basically. What are the circumstances for apartment management to enter without advance notice?

 

[quincy]

It happened like a year ago and correct I let them in because I had nothing to hide. They sat me down in the hallway for an hour while they searched the apartment then they left basically. What are the circumstances for apartment management to enter without advance notice?

Criminal activity. A meth lab. An emergency.

 

[stoneplanet2343]

How does wearing a half mask respirator prove this? You can find people painting cars, sanding paint, wood, many things. What shows they're not running a meth lab?

 

[quincy]

How does wearing a half mask respirator prove this? You can find people painting cars, sanding paint, wood, many things. What shows they're not running a meth lab?

I am not saying that the police had the right to search your apartment without a warrant. But entry was not unlawful because you let them in. You could have said no.

 

[stoneplanet2343]

Well opening the apartment with keys from management was definitely illegal then. If i wasn't home they're wouldn't have been a deadbolt and they would have searched the whole place then. What I was really wondering was if what the apartment company did was illegal and if they could blow my door down without a warrant. I moved far away from that place because of that and many other reasons. In other words I don't like that area of california very much. So I don't really care if they get introuble and I never received any charges which means I don't have to fight them.

"The deadbolt is the kind you slide closed with no key so you can only use it when your on the inside. Kind of like the locks that secure a door with a chain so it can be opened an inch or so when the other locks and door is opened."

 

[stoneplanet2343]

And if I just sat there with them staring at me through the crack from the slack in the deadbolt they surely would have opened the rest of the door by kicking or prying it open. My guess is they have done this before and they know if you get the keys from and apartment company it doesn't look as bad as if you kick a door down off the hinges of a house someone owns or possibly rents from someone who will not be around to give the keys when they answer a call. Which means they assume they will have less likelyhood of being sued or charged with the illegal activity.

 

[CdwJava]

And if I just sat there with them staring at me through the crack from the slack in the deadbolt they surely would have opened the rest of the door by kicking or prying it open.

But, you'll never know for sure since you allowed them inside.

I suspect there was more than merely a respirator that prompted their response. More than likely there was also a chemical odor of some kind as well. Such matters can grant the exigency that allows for a warrantless entry. You are certainly free to contact the police department and ask to speak to a supervisor or an administrator about the incident if you are concerned.

 

[quincy]

And if I just sat there with them staring at me through the crack from the slack in the deadbolt they surely would have opened the rest of the door by kicking or prying it open.

Maybe. But you let the police in so what they might have done if you refused entry remains a question mark.

 

[stoneplanet2343]

But, you'll never know for sure since you allowed them inside.

I suspect there was more than merely a respirator that prompted their response. More than likely there was also a chemical odor of some kind as well. Such matters can grant the exigency that allows for a warrantless entry. You are certainly free to contact the police department and ask to speak to a supervisor or an administrator about the incident if you are concerned.

There was zero odor just the call about the mask. As I said they found zero drugs and ajax or bleach is the only smell that could have been in there. Also I do know they did something illegal because they used the apartment keys from security to open the door without leaving a couple days notice or having a warrant. Which is not legal. You have to post a notice on the door that your entering a few days prior or have a warrant or the other circumstances to use the keys they keep in apartment management to enter the apartment.

 

[stoneplanet2343]

To be honest the real point is I did not let them in they used the keys to crack the door open which is basically entering even if theres still a chain keeping the door from fully opening. such as the chain ill post below which im sure everyone knows what is.

 

[stoneplanet2343]

 

[stoneplanet2343]

What you both are explaining is basically the situation where they knock on the door and you don't answer. What they did was open the door with a set of keys from the apartment company before I could even speak to them to refuse or not answer. Which is illegal because you have to place a notice a few days early on the door if you want to use the keys to enter the apartment, or have a warrant or the other circumstances. They actually didn't even knock to ask for consent. They just shoved the keys in the door and opened it the second they got to the door like if they had a warrant.

 

[quincy]

What you both are explaining is basically the situation where they knock on the door and you don't answer. What they did was open the door with a set of keys from the apartment company before I could even speak to them to refuse or not answer. Which is illegal because you have to place a notice a few days early on the door if you want to use the keys to enter the apartment, or have a warrant or the other circumstances. They actually didn't even knock to ask for consent. They just shoved the keys in the door and opened it the second they got to the door like if they had a warrant.

Are you positive they didn't knock first?

The chain let them know the apartment was occupied and it also kept them from entering.

You could have asked them through the door what they wanted. You could have asked if they had a warrant. You could have refused entry.

I think the search of your apartment - unless you consented to the search - probably was illegal without a warrant. You could file a complaint with the department although, since this happened a year ago, little might be done.

I guess it is a good thing that you didn't have any illegal drugs or dead bodies in your apartment, huh?