Did My Landlord Violated My 4Th Ammendment.

[upinsmokeguy]

Well, its time for some more discrimination and also what i believe to be a violation of my 4th amendment.  

 

Can someone please listen to my story of what happened today!      I will try not leave anything out..,

 

i live in an apartment building.   Last year the managers/landlords sent out a letter that sated they are going to start doing an annual routine K9 BED BUG inspection.  This is where they bring a dog in to every apartment, and then walk them around beds, sofas, etc  to check for bed bugs.  They hang a not on your door about a week in advance that states they will be bringing the BED BUG k9 through to check for bed bugs and that they will enter your home whether your there or not.  We have lived at this apartment for over 5 years and last year is the first year they did it.  

 

So, last year they brought them in and, that was it! no bed bugs.   BUT, this year was a little different...

 

They hung the note on the door that stated they were coming in to do a bed bug inspection.  Whenever they are gonna do any inspection of any kind i always clean very well and i always take my medicine and everything out of the apartment so that NOTHING is there. 

 

today they came into my apartment to do an inspection for bed bugs.  I was not present.   Later the manager contacted me to let me know that their dog scented and hit on marijuana?      they said the dog alerted them to the smell of marijuana. they said they didn’t find anything but the dog alerted MARINUANA?  what the hell?     Is this legal.  They said they could kick us out with a 24 hour notice but they were not gonna do that, Instead they wrote it down in our file that their dog alerted them to marijuana.  SO in other words they said they were coming in to do a bed bug inspection and then without any knowledge or permission of mine, they somehow obviously started having the dog do a search or sniff around? for all i know they looked through my stuff.    Nothing was in my apartment but they still said the dog altered them to the presence of marijuana.  THIS IS SUUPOSED TO BE A BED BUG DOG?     How can they do this?    they nothing about a drug dog inspection.  All they stated and all that was stated on the letter that they were doing an annual bed bug inspection?  How do they get to lie under false pretenses?  i fell really violated!    And it seems like they broke the law somehow?  I did not admit to anything but i did let them know that i was not happy and that i felt she had conducted a warantless search!

then they stated they could kick me out even if i am a legal patient because they are a federally funded apartment. 

 

isn’t this a warrantless search or a violation of my amendments or something.  I feel like im not safe in my own.  I feel like i do not have any privacy.    I feel like now i have an annual drug dog inspection?   needless to say i would like to start slowly looking for a new place.  But that dont meant i still dont feel violated. 

 

so how does my landlord/manager/apartment get to say they are coming in to do a bed bug inspection and then also conduct a warrantless and unsolicited search?   Can i take any leagl action?  Could the aclu help?  I am soo pissed right now!   Any help would be appreciated!  Even though they said they are not gonna kick me out, i till would like to know if they violated my rights in any way and if so, what action can i take against them for doing so.  i feel lost abnd totally violated!    Could they even kick me out for just a dog alerting them to the prescense without any evidence what so ever?    Any help would be great.  What can i do?

[t-pain]

you signed a lease agreement said super could come into your room at any time for whatever purpose. you got that contract? did you read it?

 

 

seriously, i wouldnt live anywhere where a guy can open my door and bring some stank donkey dog into my dwelling.

tell the guy you are allergic to dogs. now he has to pay to have your apt professionally cleaned to get all dog hair out of it.

 

good luck buddy. i could be wrong....

 

also, feel free to call the aclu. the aclu just won a case of warrantless dog sniffing when police do it. apartment dog sniffing is a new thing...... these guys are persistent and dastardly.

as for kicking you out? i cant remember if MMMA protects against that? there was some cases but it depends what was in your lease contract. if your lease contract says no marijuana, well you signed that, you're bound by that contract and the MMMA wont break it.

Edited April 9, 2014 by t-pain

[upinsmokeguy]

yea but also i belive that any inspections whether it be bedbugs, drugs, whatever..,  has to be given notice.  I believe it is at least 24 hours.   SO, the question is was it lawful for them to tell me the inspection was for bed bugs, and then instead do a drug search?  ALSO, i believe they have to be given a command to search.  SO just them giving the command to sear for drugs without my permission, knowledge and since they are not police and since they did not give notice to said search, is it unlawuful in any way?

 

And yes i did read my lease buddy.  It does state i have to let them in for repairs, or other
"REASONABLE" inspections.  And i put that in quotes beacuse that is the wording they used.  This does not seem very reasonable to me.   Does it to you?  it is amazing that knowone seems to think that this is a violationg or unlawful in any way????   if i told you i was coming in to do a bed bug inspection and then instead OR at the same time i commanded the dog to a cop like search for drugs, wouldnt you feel like you were wronged some way? 

[t-pain]

hey i agree, its a moo poo search.

it was a violation of trust, an insult, a wrong, unreasonable and uncalled for.

 

just saying.... the courts think looking up peoples asses for drugs, while on the street is 'reasonable'. so i think our definition of reasonable is different.

 

you could have a case. thats why i suggested calling the aclu.

[upinsmokeguy]

Already been done.  just waiting for a reply.   i contacted them by email.    I am gonna call first thing tomorrow as well.  its just sad.   i feel so violated like i have no privacy in my own home.  I also know that there is an actual law that grants me THE RIGHT TO PRIVACY.      And like i said, they usually have to give you notic of ANY inspection and at the same time let the tenants know what the inspection is before hand.  And if anything, at the very least, they had to have violated this.  im not a lawyer, but i do have common sense!  And mine says i have been wronged and it feels terrible and embarasing and i wish there was something i could do.            

[t-pain]

try to document everything.

ask neighbors for what time they had the dog in. write it down with their names.

try to get anything in writing you can find. preserve all evidence! write down conversations you had with the apartment people. etc.

[upinsmokeguy]

also how did they actually know it was marijuana?   What, did the dog jump up on its hind legs and tell them what they thinnk it was?

[upinsmokeguy]

we had to leave and when we were leaving they ere two apartments down from us.  What is weird is that when we left they said that they would be coming inside in a few minutes, BUT they were gonna switch dogs first?    i really didnt think much of it at the time.  I figured they prob have two dogs they were using.  BUT mine was only 1 of 3 left to inspect out of the entire place and before they did they switched dogs?   kind of funny huh?    Then later got the news that their BED BUG DOG scented on marijuana?    just doesnt seem or feel right to me?

[t-pain]

them drug dog searches are all baloney anyways. the handlers can make them alert anytime they want.

[solabeirtan]

also how did they actually know it was marijuana?   What, did the dog jump up on its hind legs and tell them what they thinnk it was?

 

I think this is where you have them. I agree with you,  even if he did jump on his hind legs or whatever he does to indicate a positive, without any  product (lucky for you!),then it is only their opinion that the dog keyed on Mj. Besides you are a registered patient or caregiver? Shouldn't be an issue, if you're not growing... Personally I'd be looking for a new place, if possible.   

[Dr. Bob]

Bed bug dogs?  

 

Right.

 

Dr. Bob

[upinsmokeguy]

i know.  last year when they first sent out the memo, i immediatley researched it online and sure enough there actually are bed bug sniffing dogs, so i let it pass.  Dr. Bob, you have to admit that they did something wrong here.  just dont seem right.  seems erie.    

Edited April 9, 2014 by upinsmokeguy

[upinsmokeguy]

HEY SOLABEIRTAN, i agree.  No i dont grow.  And there wasnt even any medicane in my apartment during the search, no vaps, bowls, nothing.  Not even any paper or antyhing!    what would they have scented on?   and how would they have known what they were scenting on unless they gave a drug search command.  AND, if they did actually give the command to search for drugs without no prior notice to me, wouldnt that be against privacy laws, 4th amendment or at the very least they violated some kind of landlord laws?  Like i keep saying, just doesnt feel right. 

 

[Dr. Bob]

Yes, I think something is really wrong with this.  One thing you should hammer them on is what 'bed bug sniffing' training the specific dog had.  But as another poster noted, you prob signed a lease that let the landlord come in any time- but you might be able to raise a question about the dog and the extra search it entailed.  Plain sight walk troughs are one thing, a search for hidden marijuana is another.  Claiming there is 'unfound' marijuana based on a dog hit is quite another.  Show me the weed I would say.

i know.  last year when they first sent out the memo, i immediatley researched it online and sure enough there actually are bed bug sniffing dogs, so i let it pass.  Dr. Bob, you have to admit that they did something wrong here.  just dont seem right.  seems erie.    

[Dr. Bob]

Let me answer that better.  Here are some good questions for your lawyer....

 

1/  Does your lease agreement give the landlord permission to enter your home without your specific permission?  Answer is prob yes, but check anyhow, maybe the lease does not specify it.  Check to see if landlord/tenant law says anything about it or limits it somehow.

 

2/ What kind of inspection does it allow?  A simple walk through looking for obvious, plain sight safety issues or obvious illegal activity?  A bag of marijuana on the coffee table vs one in a dresser drawer that needs to be opened to see the cannabis?  Does the 'entry provision' allow a search of papers, property, your safe, drawers, you medicine cabinet, etc that are not laying in plain sight?

 

3/ Can a landlord do a 'search' for illegal activity that would otherwise require a warrant on all or some units of an apartment complex simply because they own it and have a lease allowing a 'entry' by the landlord?

 

Here is the stickler.... IF they could simply run drug dogs through your apartment, why claim they were 'bed bug' dogs instead?  It seems they were trying to use a provision designed to allow them to do a walk through to look for damage and safety violations to do a police style search for 'illegal' activity without having to get a proper warrant.  Not only do you seem to have possible grounds for search being toss, you might well have a lawsuit against the landlord for exceeding their authority, with potential criminal consequences, and violating your rights and privacy.  Talk to your attorney about it though.  While it is clearly dirty pool, your attorney may be able to tell you whether they actually broke the law and violated your rights or that they simply exploited a loop hole of some sort.

 

Dr. Bob

 

PS, I do recall an issue in Florida when I was in Med School in the 80's.  Cops were sniffing out narcotics on money and using it as the basis to get warrants.  The court ruled that ALL money in S. Florida had potentially come in contact with 'drugs' and simply having a hit on the money did not mean there was drug use by the person possessing the money.  Hitting on an apartment without actually locating the 'drugs' means nothing in my non-legal opinion.

Edited April 9, 2014 by Dr. Bob

[Highlander]

You should also consider that there might be more to this story.  Maybe a neighbor reported smelling burnt or fresh MJ and complained to the management.  Sometimes people forget how pervasive the smell can be.  A few years ago I made a delivery to a patient who was going camping for two weeks.  I had 2.5oz in mason jars inside a 5-gallon plastic bucket with a snap-on lid.  He took the jars out and left the bucket at home.  When we met the next time, he laughed about how the bucket still smelled of MJ when he got home.  Another time a patient let me borrow his truck.  I parked in the garage that night and had a small heap of green scrap headed for the compost pile - scrap stems, stalks, and fan leaves - stored in the garage.  The spray-on bedliner absorbed the odor, and back at his house, truck parked in the garage, you would have sworn that there was a pile of fresh MJ sitting on the seat, the smell was that strong. 

 

It sounds to me like the "bed bug dog" is only an excuse for management to avoid saying "one of your neighbors ratted you out."  Odds are that if you ever had MJ in your apartment, the neighbors could smell it.

Edited April 9, 2014 by Highlander

[mibrains]

Michigan law requires that a landlord provide you with 24 hr notice before entering your home unless they are performing stop loss actions and it does not matter what the lease says.

 

there is no way that a bed bug dog is allowed to alert on a cannabis hit and have it mean anything.

 

they are not allowed to bait and switch...  tell them if the dog alerted then you have bed bugs and want them treated.  any other alert would not be Germaine to the allowed premise to enter your living space and would not be admissible....not to say they won't try some bull like that..

 

keep in mind the laws in Michigan are designed to protect the tenant... Michigan is a difficult state to be a landlord in for those that follow the rules anyways.. most people just fall for the trickery and do not challenge the decisions.

 

they are NOT allowed to do a drug search on your apartment without a warrant PERIOD.  any alert from any person, or dog would then be probable cause for a police investigation.  the apartment complex does not have any authority to conduct an investigation against you for a determination of legality. 

 

Very glad you had the foresight to remove all paraphernalia...even tho the MMMA specifically allows it to be there it is not worth the fight..

 

good luck with this..

 

and yes bed bug dog inspections are common place now.. think about it.. one person in a complex can infest the entire building..

 

no problem..

 

fix the bugs.. leave the drugs.

[trichcycler]

dog days, nothing is ever as it appears.

where would one rent a bed bug dog anyway? would the dog come with a competent handler?  where does it go potty while inspecting?

Has it been trained in cannabis recognition, like the nose of most landlords?

Edited April 9, 2014 by grassmatch

[Restorium2]

Amazing!

 

 

[mibrains]

great song too

 

i found this link from a mention of NESDCA near the end of the video... and i asked myself...what could that stand for?

 

http://www.nesdca.com/

 

Edited April 9, 2014 by mibrains

[solabeirtan]

 

HEY SOLABEIRTAN, i agree.  No i dont grow.  And there wasnt even any medicane in my apartment during the search, no vaps, bowls, nothing.  Not even any paper or antyhing!    what would they have scented on?   and how would they have known what they were scenting on unless they gave a drug search command.  AND, if they did actually give the command to search for drugs without no prior notice to me, wouldnt that be against privacy laws, 4th amendment or at the very least they violated some kind of landlord laws?  Like i keep saying, just doesnt feel right. 

 

 

I think the Police have the option of including evidence of other illegal activities unrelated to the original search specifications found during an otherwise 'legit' search.

 

  Unless your lease specifically prohibits Cannabis use, you are NOT doing anything illegal. However it could be like someone else pointed out, based on other tenants complaints. One of the concessions of living in multi-unit residences.  They are making it easier for you to consider moving, your choice. Good Luck 

[Norby]

How did they know it hit on MJ if they didn't find anything?  Is there a different action for a bomb, coke, heroin, bed bugs,etc?

[Restorium2]

I think it is obvious that they just smelled pot when they were in your apartment sniffing for bugs. The dog handler is probably an off duty cop. He just wanted to warn you about it. Just take the warning and move on with life.

[trichcycler]

I wonder if their new website also offers "Rat Smelling" capable dogs. I think they'd be all over them..

 

great song too

 

i found this link from a mention of NESDCA near the end of the video... and i asked myself...what could that stand for?

 

http://www.nesdca.com/

 

[mibrains]

good call i can smell a rat from all the way over here...

 

the OP is correct in many ways to feel uneasy..

 

but like resto said... probably a warning.. keep it in mind and act accordingly..

 

bites donkey to have to consider moving after 5 years living there.. but if the landlord is not cannabis friendly.. and you decide to use cannabis to treat your ailments... then it is imperative that you consider a domicile that meets those requirements..

 

it's not easy.. but there are more and more cannabis friendly landlords popping up everyday.

 

i wish you the best with this predicament.