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#1 Jun 16 2004 at 2:52 AM Rating: Decent
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...of potheads. Just minutes ago one of the security guards came to the front desk and told me that one of my rooms had the door wide open. They checked it out and said the room was trashed.

So I lock the lobby doors and go check it out personally. Sure enough crap was everywhere, mattress had been moved, covers askew, SNES hooked up to the TV like it's not supposed to be, baby food/forumla sittin' around, but no guest to be seen.

Well, one of the guys is checking the ashtrays and finds what he thinks is a roach, not of the inscect kind. The other guard disagrees, but upon closer inspection sees the weed in it.

Well, now the cops are involved. Don't know much what can be done, or is going to done. LOL Potheads... gotta love 'em. Smiley: laugh
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#2 Jun 16 2004 at 2:54 AM Rating: Decent
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Well, now the cops are involved. Don't know much what can be done, or is going to done. LOL Potheads... gotta love 'em.


Bad search. If they have any kind of a lawyer, nothing will hapen.
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#3 Jun 16 2004 at 2:57 AM Rating: Decent
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How so? I'm in charge of the property, they left the door wide open. That's a risk of loss for me. I had to make sure everything was intact.
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#4 Jun 16 2004 at 3:03 AM Rating: Decent
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Well, it varies by state, but regardless of the door being open it's virtually impossible that it's legal for you to enter someone else's habitation, find some pot and have it be admissable.

You could call the cops, and they could get a warrant, or go knock on the door and ask to come in, that'd be a diffrent story.

You can't just walk unnanounced into a tennants living area and rummage through their things. There was no cause for you to even examine the "roach".

You could evict them of course, based on it, but were it legal to do what you did you could have dropped a bag of heroin on the floor and it would be admisable.

The defense in court, of course, is: "My client had no knowledge of this substance before the premises were entered by the owners (likely illegally)." Move to dismiss, have a nice day.

Edited, Wed Jun 16 04:06:13 2004 by Smasharoo
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#5 Jun 16 2004 at 3:05 AM Rating: Decent
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Smash, another thing to remember is I work at a Best Western. So, not sure if all that is still aplicable. Essentially, with BW, we reserve the right to do whatever the hell we want with your room. We can check you in, double charge you, and kick you out an hour later if we so choose. But hey...
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#6 Jun 16 2004 at 3:06 AM Rating: Decent
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Well anyway, talked to the cops and found out he's at his own residence and is coming back to grab his stuff. No harm no foul.

Forgot to add all they found were stems and seeds and essentially said they weren't going to bother with something that petty.

Edited, Wed Jun 16 04:07:27 2004 by PsychoJester
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#7 Jun 16 2004 at 3:08 AM Rating: Decent
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That's fine, but you can't enter my room when I'm not around and throw some drugs on the bed and call the cops.

You can throw me out and call the cops who can then question the people and say "Why did you have pot in the room".

If they're dumb enough to answer "It wasn't very much, we just wanted to have a good time" that's a diffrent story. Still probably not going anywhere in court, though.
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#8 Jun 16 2004 at 3:10 AM Rating: Decent
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Forgot to add all they found were stems and seeds and essentially said they weren't going to bother with something that petty.


That and then there's that whole fourth amendment thing :)

Hope you guys got paid.
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To make a long story short, I don't take any responsibility for anything I post here. It's not news, it's not truth, it's not serious. It's parody. It's satire. It's bitter. It's angsty. Your mother's a *****. You like to jack off dogs. That's right, you heard me. You like to grab that dog by the bone and rub it like a ski pole. Your dad? Gay. Your priest? Straight. **** off and let me post. It's not true, it's all in good fun. Now go away.

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#9 Jun 16 2004 at 3:15 AM Rating: Decent
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Yeah, dude paid cash, and we always take advanced payment for cash. Seriously doubt it'll go anywhere. Even if it does, [sarcasm] good ole' Southern Justice will prevail. [/sarcasm] Smiley: oyvey
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#10 Jun 16 2004 at 3:40 AM Rating: Good
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http://www.doj.state.wi.us/ss_manual/search.htm

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The Fourth Amendment is targeted at the police and their agents. In contrast, citizens may conduct searches anywhere without regard to the rules which restrict police conduct (although they could subject themselves to criminal prosecution for illegal acts such as trespass or theft) and the evidence generated by these searches may be admissible in court.





Edited, Wed Jun 16 04:41:11 2004 by trickybeck
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#11 Jun 16 2004 at 6:06 AM Rating: Decent
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Were they staying at a Wisconsin Public School that'd be a facsinating legal oppinion.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=376&invol=483

There's ample prscedent on the hotel situation. Stoner V California (no pun intended) controlls, I've linked it above for you. Evidence generated by a non consent search of a hotel room is inadmissable.

Nice try though.

It's the same foundation. Regardless of if the clerk enters without consent and then calls the police or if they are with him, the proceeds of the search are all fruit of the same poison tree.
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To make a long story short, I don't take any responsibility for anything I post here. It's not news, it's not truth, it's not serious. It's parody. It's satire. It's bitter. It's angsty. Your mother's a *****. You like to jack off dogs. That's right, you heard me. You like to grab that dog by the bone and rub it like a ski pole. Your dad? Gay. Your priest? Straight. **** off and let me post. It's not true, it's all in good fun. Now go away.

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#12 Jun 16 2004 at 6:20 AM Rating: Good
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[sarcasm] good ole' Southern Justice will prevail. [/sarcasm]

So you're implying that he'll be lynched? Smiley: sly
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#13 Jun 16 2004 at 7:45 AM Rating: Decent
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But Smash, you seem to be foregetting one key piece though. He left the door wide open for anyone to enter.



Actually Flea, what I meant was that he was black and therefore had no case. I hate SC.
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#14 Jun 16 2004 at 8:05 AM Rating: Decent
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LOL Morons... gotta love 'em.


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#15 Jun 16 2004 at 8:27 AM Rating: Decent
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LOL FFXI Morans... gotta die.


^^FTFY
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#16 Jun 16 2004 at 9:22 AM Rating: Good
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Actually Flea, what I meant was that he was black and therefore had no case. I hate SC.


Dunno why you hate SC. If you ignore the facts that the population is largely inbred and dumb as a box of rocks and racist as hell on top of that, it's not such a bad place. :)
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#17 Jun 16 2004 at 9:27 AM Rating: Decent
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^^ Smiley: laugh One word. Charleston.
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#18 Jun 16 2004 at 9:57 AM Rating: Decent
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What pisses me off is that they had the snes hooked up to the TV. Not in front of the children!
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#19 Jun 16 2004 at 9:58 AM Rating: Decent
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How could we ever forgotten about that? I feel so ashamed.
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#20 Jun 16 2004 at 10:57 AM Rating: Decent
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But Smash, you seem to be foregetting one key piece though. He left the door wide open for anyone to enter.


Yeah, doesn't matter at all. Never has. Your crime just goes from breaking and entering to tresspassing.

The only exemption to all of this would be if you walked by and there was a pile of dope "in plain sight" as opposed to searching the room and finding some. In that case, naturally you would have probably smoked it or sold it and we wouldn't be having this discussion on a message board :)
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To make a long story short, I don't take any responsibility for anything I post here. It's not news, it's not truth, it's not serious. It's parody. It's satire. It's bitter. It's angsty. Your mother's a *****. You like to jack off dogs. That's right, you heard me. You like to grab that dog by the bone and rub it like a ski pole. Your dad? Gay. Your priest? Straight. **** off and let me post. It's not true, it's all in good fun. Now go away.

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#21 Jun 16 2004 at 11:02 AM Rating: Excellent
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SNES hooked up to the TV like it's not supposed to be
It's not? I can still hook up my Super Joy III, right?
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#22 Jun 16 2004 at 11:59 AM Rating: Good
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Nice try though.

http://www.kscoplaw.com/outlines/ssoutline.htm#III.%20Fourth%20Amendment%20Analysis

"III. Fourth Amendment Analysis
A. Is it Governmental Conduct?
1. Fourth Amendment only limits activities of Government Employees

"The Fourth Amendment proscribes only governmental action; it is wholly inapplicable to a search or seizure by a private individual not acting as an agent of the government or with the participation or knowledge of any governmental official." Burdeau v. McDowell, 256 U.S. 465 (1921); State v. Miesbauer, 232 Kan. 291, 293, 654 P.2d 934 (1982). "
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#23 Jun 16 2004 at 12:03 PM Rating: Decent
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Yeah, and?

If you want to arrest him with your private police force, and put him in your private prison because in your private court you find the evidence admissable as the private judge, feel free.

Otherwise, when you call the cops about it and they don't have a warrant it'll be inadmissable.

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Disclaimer:

To make a long story short, I don't take any responsibility for anything I post here. It's not news, it's not truth, it's not serious. It's parody. It's satire. It's bitter. It's angsty. Your mother's a *****. You like to jack off dogs. That's right, you heard me. You like to grab that dog by the bone and rub it like a ski pole. Your dad? Gay. Your priest? Straight. **** off and let me post. It's not true, it's all in good fun. Now go away.

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#24 Jun 16 2004 at 12:08 PM Rating: Good
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haha, you just won't admit when you're wrong.
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#25 Jun 16 2004 at 12:09 PM Rating: Default
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Point here is that the door was WIDE OPEN. Anyone at any time could have waltz in there played some SNES and smoked that joint.

Any lawyer worth his salt would have a field day.

Eb

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#26 Jun 16 2004 at 12:10 PM Rating: Decent
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haha, you just won't admit when you're wrong.


I admit when I'm wrong all the time.

I happen not to be wrong here. Sliver, plank, eye, etc.
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Disclaimer:

To make a long story short, I don't take any responsibility for anything I post here. It's not news, it's not truth, it's not serious. It's parody. It's satire. It's bitter. It's angsty. Your mother's a *****. You like to jack off dogs. That's right, you heard me. You like to grab that dog by the bone and rub it like a ski pole. Your dad? Gay. Your priest? Straight. **** off and let me post. It's not true, it's all in good fun. Now go away.

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