11/25 HYPOTHETICAL QUESTION: Pretend I live in Berkeley and have
several roommates. One roommate, we'll call her Danielle,
thinks another roommate, we'll call him Umberto, is smoking
pot in his room. She calls the Berkeley PD and asks for advice.
The Berkeley PD says they'll stop by on Monday and search
Umberto's room. Danielle says, well gosh golly, I thought
pot law enforcement was a low priority in Berkeley! The
Berkeley PD say no ma'am, we still enforce The Law, I am shocked
you would think such a thing, we'll be over in the morning to
search this miscreant Umberto's room. Their long suffering
other roommate, "George", I mean me, doesn't want the po-po
anywhere near the house, because he remembers when a certain
Sodan got raided by the Berkeley PD and they snatched all of
his computers as evidence. "George" also thinks the landlords would
not appreciate the cops running around their house. So when the
cops show up and Danielle says "Why come on in good sirs,
Umberto resides upstairs!" and I I mean "George" says
COME BACK WITH A WARRANT, who do the police obey? thanks.
\_ Who's Britney and what happened to Danielle? Are you on something?
\_ Danielle, or any legal resident who invites them in.
\_ what if Umberto locks his bedroom door? Do the "police"
"break the door in"?
\_ IANAL, and my friend is not a cop (anymore), but it is my
understanding that the officers would have PC to search the
"common areas" but not a room with a shut door, nor your
PC even if in plain view if the alleged crime was smoking
pot. Close the door to your room, just in case.
\_ Hello. you may wish to read Georgia v. Randolph, 126 S.Ct.
1515 (2006):
http://www.supremecourtus.gov/opinions/05pdf/04-1067.pdf
Under Randolph, consent to a warrantless search given by one
occupant is invalid if another physically present occupant
refuses to give consent.
So, if D says "come in" and G says "get a warrant," the BPD
probably could not conduct a constitutionally valid search
w/o obtaining a warrant because G, an occupant, was physically
present and refused to give consent. [if you are really faced
w/ this situation, do not rely on the above, please consult
an actual attorney]
\_ !!! Well-spotted! G, this is yet another great reason to
consult a lawyer if this becomes an issue.
\_ That's interesting and new. I know prior to that, if one
occupant gave consent, that was all that was required.
\_ This is not correct. Prior to Randolph, only some
states held consent of one occupant was sufficient.
\_ I live in CA. The OP lives in CA. Other states can
have whatever barbaric laws they like.
\_ Seems like Umberto could just remove the pot!
\_ He did. I don't think I can call the "berkeley PD" and say
oh so sorry, the pot is gone, no need for you to raid my
home, ok tnx.
\_ You said "ok tnx" but you are not psb.
\_ Is "Danielle" hot?
\_ shut up, motd boob guy
\_ So she has nice boobs?
\_ who are you? i'm gonna get you.
\_ Why? Is she your gf or something?
\_ oh hey when the "berkeley PD" is here, can i ask them to search
"Danielle"'s room? - "George"
\_ Berkeley police tend to be pretty good about civil liberties,
especially if you are a student. Close your door, be around when
the police show up, and kick Danielle out as soon as possible.
\_ I dunno, I'd kick the jerk out who's stinking up the house with
with pot smoke.
\_ And lose a connection? Do you know what pot is selling for
these days? |