Berkeley CSUA MOTD:Entry 48689
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2025/05/23 [General] UID:1000 Activity:popular
5/23    

2007/11/26-29 [Academia/Berkeley/CSUA/Motd, Academia/Berkeley/CSUA/Troll] UID:48689 Activity:high
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?
2025/05/23 [General] UID:1000 Activity:popular
5/23    

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