busted? my apartment was inspected =(

ink the world said:

Screw all the legal talk and advice.....if the cops want you and your stuff is still there they will pop you. Warrants and all that shit are great in conversation, all they need to do is knock on the door and say that they smell weed. Or they can just claim to have gotten an anonymous tip.

If they havent knocked yet, there are a few possibilities:
1. The inspector is cool and didnt say a word (the least likely of all)
2. He did tell and you are now being watched as is anyone that comes to your place
3. They will be coming.

I've had my place raided years ago because a roommate was under investigation for poaching Deer.....Long story short, I moved and qut growing forr a few years......better safe than sorry. The financial hit of losing a crop is nothing compared to jail time, laywer fees and the lost income while on the slammer.



Good luck

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I guess it's a good thing you wrote screw all the legal advice, cause your advice is far from it. Regardless of what a cop says at the door, that does not give them probable cause to obtain a search warrant under oath, as required. Most judges know that your average cop "smells" alcohol and weed all the time, even when it isn't around. The officer needs something more tangent, like a witness under oath. That doesn't give the cop a right to enter your dwelling. They must have a search warrant specifying what they are looking for and where they believe it to be and based on what information.

NEVER let a cop into your home without a warrant REGARDLESS of what the officer tells you. They WILL NOT go to bat for you if you cooperate. They are trying to trick you into waiving your 4th amendment right. They obtain a lot of busts that way, from intimidated suspects.

Skiweeds, they already had an arrest warrant for you, which allows them to enter any building you are in for the sole purpose of an arrest. They have a warrant and do not need to obtain another one for entry. If they know you are in the building, the arrest waarant is enough to break the door down.

Sorry, your effed. Time to take a break and regroup. Live to fight another day yadda yadda

Serapis said:

I guess it's a good thing you wrote screw all the legal advice, cause your advice is far from it. Regardless of what a cop says at the door, that does not give them probable cause to obtain a search warrant under oath, as required. Most judges know that your average cop "smells" alcohol and weed all the time, even when it isn't around. The officer needs something more tangent, like a witness under oath. That doesn't give the cop a right to enter your dwelling. They must have a search warrant specifying what they are looking for and where they believe it to be and based on what information.

NEVER let a cop into your home without a warrant REGARDLESS of what the officer tells you. They WILL NOT go to bat for you if you cooperate. They are trying to trick you into waiving your 4th amendment right. They obtain a lot of busts that way, from intimidated suspects.

Skiweeds, they already had an arrest warrant for you, which allows them to enter any building you are in for the sole purpose of an arrest. They have a warrant and do not need to obtain another one for entry. If they know you are in the building, the arrest waarant is enough to break the door down.

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For that they have to KNOW your in the building. Ive had warrants and police knocking on my door, I stayed away from the windows and kept quite until they left. A warrant is a very specific thing. IE, if they go in looking for coke and fine a grow up, theyll arrest you most likely, but that shit is getting dropped. Also keep in mind cops often times dont act quickly. How much were you growing, because theyre is a good chance right now they wont do anything but start keeping up with you. So if all of a sudden you see lights on in the abandoned building across the street, smile, your on camera....

and btw, that is taken from a real life example, but he wasnt a grower, he was a seller, and he was moving anywhere from 200 - 400 lbs of schwag a month, so I guess they were trying to catch him fully loaded. Luckily for him two rookies got a hard on and fucked up the whole thing bz jumping on it themselves. †LOL† they only caught him with a qp. Motherfucker was lucky as shit though, because that was the second time he got busted with only a qp, which also probably made the investigators wondering if they didnt have bullshit info and were wasting time on a small fry. Regardless, while he did eventually get busted, it was because he was taking weed and coke to a friends house, and because it was raining he put it in the passenger seat instead of the trunk (of all the stupid shit) Point of the story, after the first bust for a qp, while he was in jail for a whole of 2 days we saw a crime scene investigation van pull up, go in, and come out. Then the closed down business across the street from us starting having lights on at night. We went into his house right after they left (he gave us access as we were usually the ones watching the place) and theyre was still shake everywhere. Bottomline, they didnt go in there to get evidence, we figured they dropped mics all over the place, we watched what we said in that house like a motherfucker after that... So if nothing happens, dont let your guard down.

Its not like they're going to start some task force for your little grow.

irieie said:

i bought a new lock for my bedroom for this very reason and i lock it every time i leave. that way bullshit like this never happens. i dont want anyone going through my shit without me being there. definitely get rid of your plants, surcharge is right, you dont want to risk your federal financial aid. whats worth more? the ounces you get from this grow or the money you get for college. cut your plants and get what you can out of them. stop growing at that apartment and move when your lease is up. also be careful now the heat will be on you soon one way or the other. dont be complacent shit like this does not just go away.

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I put a pad lock on the bedroom door and a padlock on the walk-in closet inside that room just to deter that. If they cut locks while I'm not there then it's illegal entry and a decent lawyer can get it thrown out if it comes down to the suck. Get rid of your plants, grow equipment isn't illegal, only when two and two are put together. Use this as a learning experience man, I hate to hear anyone in this situation as I grow in a lease'd condo and can definately feel your pain man.

Hope you make a wise choice and we see you back here again. Otherwise we'll see you in 2-10 and 1 felony later (depending on your state) Peace and good luck!

(Anything over 4 plants here is a felony and big chunk of jail time if our DA is bored)

in which case, by only keeping two plants, provided its the same in his state, he'll only get a mis instead of a felony...thats just county time, it aint shit. Don't get me wrong, it will suck dick, you'll hate it, but its not like prison, not nearly as fucked up as far as I can tell...

I am constantly amazed at the stupidity of stoners. You grow in a rental, which by contract allows outsiders into your home for various purposes, and then when someone does come into your place on what is a contractually legal reason said stoner logs into this site and asks if he should get rid of his plants. When told they should get rid of the plants, said stoner bemoans the loss of their plants and debates whether or not the plants really need to be trashed.

Are you guys for real?

First, don't grow where someone else can enter your premises. Second, when someone finds out about your grow, either because they entered your place or you told someone thinking they are a friend, you are now out of the growing business at that address.

So, either listen to me and save your ass from some butt pounding by Bruno the cell block rapist and clean out all evidence (that means everything) of your grow, count your blessings that whatever providence exists allowed you the time to clean out your grow, and then plan your move to another location. Or, don't listen to me and get busted ... which if you are a college student means the end of any financial aid you may be receiving, possible expulsion from school along with the associated black marks on your collegiate record (most certainly will happen if you are growing on or within the school zone) and all the costs associated with defending yourself in court in the hopes of staving off the nighttime attentions of the aforementioned Bruno.

I swear folks! Its a God Damned plant! Screw it! Never worth your freedom! Trash it all if you have to and plan on starting over. But then again, most stoners are stupid kids and stupid kids don't see the big picture.

^^^I recognize the added danger of growing in a rental, but sadly, most of us are renters. You see people on here growing in plastic cups and tupperware with cfl's. Unlikely that they have the cash to buy.

To the OP, I had a landlord find my ish while in there on an unannounced inspection, and call the cops. Thankfully I had my card, but the cops didn't show for like 2 or 3 weeks. I wouldn't get comfortable for a while if I were you.

DrThrill said:

^^^I recognize the added danger of growing in a rental, but sadly, most of us are renters. You see people on here growing in plastic cups and tupperware with cfl's. Unlikely that they have the cash to buy.

To the OP, I had a landlord find my ish while in there on an unannounced inspection, and call the cops. Thankfully I had my card, but the cops didn't show for like 2 or 3 weeks. I wouldn't get comfortable for a while if I were you.

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lol @ unannounced inspection! I have a divorce attorney who could get that crap thrown out! I know out here in the Pot Belt, it's against the law for unnanounced inspections, emergencies threatening life or property damage are the only reasons anyone could come in a residence. If your growing in rental property stay away from the water heater room, breaker boxes and fire alarms. Chenge the door knob on your grow room, then throw a padlock on your closet for good measure.

Took this out of the Kentucky Laws governing Leasor/Leasee rights (I recommend anyone growing in a rental to look up the states laws and KNOW your rights as a tenant)

Right to Enter. A tenant must give the landlord consent to enter his unit in order to: * inspect the premises
* supply necessary or agreed upon services, or
* show the unit to prospective or actual purchasers, finance companies, tenants, workman, or contractors.
The landlord may not enter the unit for any other reason without a court order, unless the tenant has abandoned the premises, unless an emergency arises, or except to make requested repairs or improvements. Except in an emergency, the tenant may require the landlord to give at least two days' notice of his intent to enter, and may allow the landlord access only at reasonable hours of the day (KRS 383.615).
Right to Know. A lease may require that the tenant notify the landlord if the tenant plans to be away from the property for more than seven days. The landlord must receive this notice no later than the first day of the tenant's absence. Failure to notify the landlord as required makes the tenant liable for any damages, such as those from vandalism, that might occur during his absence. If the unit is left vacant for more than seven days, the landlord has the right to enter, when reasonably necessary, whether or not an emergency arises (KRS 383.670).

howdyguhk said:

ok thank you all for the advice. i talked it over with my parents as well. im tossing everything. even if they don't come, ive learned my lesson, and i wont be growing in rented property anymore.
HERES TO HOPING THE COPS DONT COME IN THE NEXT HOUR!

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If they do come and theres nothing there, no hard evidence.. no worries.. but glad to hear you wont be doing it on rented property anymore..

Mudslide, in every state I have ever lived in a notice on the community bulletin board of the apartment complex was considered enough notice. Perhaps the OP's apartment complex put a notice on his door and it was blown away. Doesn't matter, as long as they made a good faith effort to notify him in advance of their entry into his apartment.

Additionally, something you are evidently not aware of, even if the apartment complex personnel entered into the apartment without any notice whatsoever, if they reported what they found to the police it would be enough to issue a warrant to search the premises. As long as the apartment personnel were not in the employ of, or working as designated confidential informants on behalf of the police, and even if their entry was technically illegal, the warrant and search would be valid. Now the OP might have a civil case for violation of his rights against the apartment complex, but that certainly would not help in his criminal conviction. And I can guarantee it would be a conviction.

To give you another bone to chew on, I could break into someone's home with intent to rob them, find their grow and report that grow to the police. As long as I did not report the grow anonymously, a warrant and search would result in a legal arrest. Now I would face a felony conviction of my own, but that wouldn't help the grower out any. Would it?

Countryfarmer said:

Mudslide, in every state I have ever lived in a notice on the community bulletin board of the apartment complex was considered enough notice. Perhaps the OP's apartment complex put a notice on his door and it was blown away. Doesn't matter, as long as they made a good faith effort to notify him in advance of their entry into his apartment.

Additionally, something you are evidently not aware of, even if the apartment complex personnel entered into the apartment without any notice whatsoever, if they reported what they found to the police it would be enough to issue a warrant to search the premises. As long as the apartment personnel were not in the employ of, or working as designated confidential informants on behalf of the police, and even if their entry was technically illegal, the warrant and search would be valid. Now the OP might have a civil case for violation of his rights against the apartment complex, but that certainly would not help in his criminal conviction. And I can guarantee it would be a conviction.

To give you another bone to chew on, I could break into someone's home with intent to rob them, find their grow and report that grow to the police. As long as I did not report the grow anonymously, a warrant and search would result in a legal arrest. Now I would face a felony conviction of my own, but that wouldn't help the grower out any. Would it?

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I fully agree, its a crazy insane risk to take.. just buy a sack and enjoy a good movie in your apartment... buy a house down the road then do what ya want..

+Rep

why does everyone think your going to get prison raped for a misdemeanor? if he only has two plants, he's going to county. i'm sure some of you have been, it sucks, but its not prison. not in the least. with that said, in the op's instance, he really shouldn't be growing. your going to college i would think to get a career. So i would wait till I have that career, and when your in an established residence, start growing for personal. Your wasting your time and your future right now to save yourself from having to buy from the local dealer, its not worth it. not in your instance. Maybe next spring try a guerrilla grow...

You should only be guerilla growing. Thats too public a place to live. hopefully you have removed everything by now, say nothing, and get a lawyer. Wait until you control your own space. Goodluck

Your land lord can come in whenver he/she wants. As can fire marshalls. My boy found out the hard way but he came back to no plants to maybe you alright, but deff get rid of them they coulda informed the police.

Did my man say that he called ma and pa dukes? WOW! Dude if you are still calling mommy when things go bad then u should not be growing weed. And definitly NO SELLING!!!! Fake ass hustlers/gangsters like you are the one's who tell when the shit hits the fan. Listen son, stay in school, do real well, and get a 9-5. you'll b aight

howdyguhk said:

ok thank you all for the advice. i talked it over with my parents as well. im tossing everything. even if they don't come, ive learned my lesson, and i wont be growing in rented property anymore.
HERES TO HOPING THE COPS DONT COME IN THE NEXT HOUR!

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A) ALWAYS CHANGE THE LOCKS
B) move to a state with medical
C) get your medical (can't sleep works most cases)
D) grow in your rental and don't stress it.

I've grown in a dozen rentals on both coasts. You just have to have plans and balls. I've rented a truck and parked the whole show around the corner during inspections, countless times. I've answered the door naked when my landLADY showed up unannounced to inspect. I've played porn in the flower room really loud and told my landlord that my room-mate was in there with two girls. I'm just saying. I had a a landlady, first rental and it was a trailer, she came up in there while I was in class, and didn't look in the closet, but smelled it. She thought it was from me smoking LOL and gave me a warning about gateway drugs... LOL. That was my first grow from emery seeds, not bag seeds.

Its a rocky road bro, just don't be afraid to cut your losses. Bury a stash at your mom's house and rock and roll in the rental. I rent my house from a cop now, going on third year.

RavenMochi said:

why does everyone think your going to get prison raped for a misdemeanor? if he only has two plants, he's going to county. i'm sure some of you have been, it sucks, but its not prison. not in the least. with that said, in the op's instance, he really shouldn't be growing. your going to college i would think to get a career. So i would wait till I have that career, and when your in an established residence, start growing for personal. Your wasting your time and your future right now to save yourself from having to buy from the local dealer, its not worth it. not in your instance. Maybe next spring try a guerrilla grow...

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Depends on your state Raven. In my state they do not go off of the number of plants, but the weight of the marijuana. Unfortunately they do not cut the buds and then trim them up to determine weight, but instead pull the plant up by the roots and throw it onto a scale ... roots, remaining dirt and all. Anything in excess of one ounce is a felony charge with anything over two pounds being a mandatory minimum sentence of five years. Basically, in Georgia one nice plant could land you in the state prison for a minimum sentence of five years with no discretion on the judge. Assuming time off for good behavior along with first offense status and a Georgian would be facing around 16 months minimum.

We haven't heard from howdyguhk for a while, perhaps this advice is too late.

I rent and grow, just need to keep things cool. I'm medical in CA and just make sure to be responsible and not have a bunch of plants and paraphernalia laying around. If you are growing in a non-med state or where it's not allowed, more power to you, I just don't have the balls to deal with that kind of stress. I'm glad I have the liberty to grow without the threat of losing my family and freedom.

ok for the record, im in austin tx, a fairly liberal city friendly to pot smokers (austin city limits, south by southwest, marley fest, etc)
i live in a large apartment complex pretty much filled with college students. i smell weed all the time walking through the hallways. im assuming that the inspectors saw illegal substances in more than just one apartment.
i am deciding tonight, whether i want to trash EVERYTHING or try and finish my 1 last plant.