Can my landlord get me arrested?

Discussion in 'Legal Issues' started by smokeygirl, Sep 4, 2001.

  1. smokeygirl

    smokeygirl Guest

    Hi, I just recently moved to a new apartment. My land lady has turned out to be an absolute nightmare. She has accused me of "that smell coming from your apartment" and told me to "watch how and what you do". My question is this, if she simply feels she smells marijuana can she call the police or have any criminal action brought against me? And if she does, don't the police need to have probable cause to search and is the lingering "smell" enough at a home? If not what would be probable cause?
  2. anti147

    anti147 New Member

    oh, yes, indeed.....the smell of mj could be PC for a search. if your landlady is that bad, i suggest moving.
  3. Daniel

    Daniel Moderator

    Yes...

    Anybody can call the cops.

    If the cops come and smell pot, they will talk to you about it. The smell is Probable cause.

    Will they arrest you? Who knows...

    Use something to disguise the smell...

    Daniel
  4. smokeygirl

    smokeygirl Guest

    Thanks, any suggestions than for more creative ways to cover the smell?
    We have always used insence, sprays etc. but she still smells it!!!! I don't know what else more can cover the smell!
  5. Daniel

    Daniel Moderator

    For me, I usually us a one-hitter when I am worried about the smell. You can also take the cardboard cylinder from a paper towel roll and put sented "cling free" sheets inside and exhale through that.

    There is more about this in the "methods of use forum".

    Good luck!!!!

    Daniel
  6. PoTSMoKa

    PoTSMoKa New Member

    I used to smoke a large bowl every night and I live with my parents and they didnt suspect a thing.

    Just go in the bathroom, toke it up, make sure the fan is on. Then spray alot of air freshener behind you.....

    Then again I live in a single family house and that vent probably just blows outside.....I dont know where yours goes.
  7. HappyMan

    HappyMan Subscriber

    Another question is: What is you landlord doing lurking around your apartment?
  8. potheadreturns2

    potheadreturns2 New Member

    No..

    Sorry but you guys are wrong. While it is true anyone can call the police smell is NOT proper grounds for a search in most states. There is one state, I think it's North Carolina that smell is proper grounds. Just make sure you don't have anything illegal in view, any pipes bongs weed ashes seeds anything like that in plain view from the outside is grounds for a search. However since there is no formal way to tell if the smell is really marijuana (i.e. a hand held tester like they have for alcohol), they can't do **** just cuz the smell it. Think of it this way if the courts have faith in a cops sense of smell why would they have breathalizer's in the first place? If she could have, she already would have. Hey that rhymed :)
  9. Daniel

    Daniel Moderator

    Make friends with your landlord... Or at least don't do anything to make them question you... Don't smoke in the apartment for awhile. Perhaps when your landlord is comfortable with you, let them know that you smoke, but not on the property.

    I don't agree that you should have to do that, I just think that it is much better to be honest and respectful prior to breaking rules. Many people have ideas about marijuana use and you really cannot blame them for their ignorance. When you gain their trust, ease in to it...

    I have found it is a lot easier to talk to a person about smoking marijuana when you are someone that takes care of the rest of their life.

    When somebody knows that you are a good person, smoking pot won't make a difference.


    Daniel
  10. Niteshift

    Niteshift L.E.O. in Good Standing

    The smell can be PC in most states. I've personally used it as PC in 3 different states. Since it is a dwelling, the officers will have to apply for a warrant, unless they could justify a belief that the criminal violation is in progress. That part would depend on how the offense is classified in your state.
  11. 420north

    420north Guest

    A few quick tips...

    Here are a few tips...

    1) Get some Marijuana smelling incense.
    This should explain the smell to anyone, even your landlord. Just say "I don't even know what that would smell like? Are you sure you're not just smelling my incense?" Then, let him/her smell the burning MJ incense.

    2) Ionic Breeze.
    I don't know what others here think of the Sharper Image ionic Breeze, but I had a bathroom unit (around $40) and it worked great! Just plug this mini-breeze in and toke within 5 - 8 feet of it. MINE WORKED GREAT!

    3) Those herbal smoking blends are good for something!
    This tip is for road-bud (in the car)...
    Get some alternative herbal blends, they're all over the net. Then, make sure you always have a pouch of the herbal blend with you when toking-up in the car. If a cop (or worse??) should happen to smell something funny, notice red-eyes, or another "red flag" you simply blame the LEGAL herbal smoking blend. Most officers will have no idea what the smoking blend is or how it smells. Of course, if you have a bowl laying around with MJ resin tou can only go so far! So, only smoke "J's" in the car, that way you can swallow the smoke in a jiffy if you need to and the only evidence left is the LEGAL smoking blend.

    If you want extra fun you can get a smoking blend designed to look like marijuana - let the cops waste their time testing your garden-herbs for thc!!

    Tip #3 has helped me in the past when some friends and I were smoking in the car (parked).

    4) The clean-cut look...
    If you're wearing TORN JEANS and a "4:20, let's smoke" hat on top of your LONG HAIR, my guess is that it is much more likely for you to get under the eyes of an unwanted anti-toker than if you are so called "clean-cut". My brother-in-law is a cop and he talks about how they can spot a pot smoker because they "never shave"... Just don't fit into the stereotype that the anti-tokers are looking for.

    Note: These tips are just for fun. The best way to not get into trouble is to never advertise your habits. Remember, I am just some idiot on a message board that you have never met so my advice is as bad as the next guys... Actually, my advice is usually worse!

    Bye!
    :wave:
  12. Bear

    Bear Guest

    imho...

    The best practice for this, in my experience, as been to establish (or at least figure out) the air flow patterns from your tokin' location within your pad. Since I suffer from pretty bad paranoia, that has really helped me set up ways to limit the smell that could be leaking from my place.
    Having had a few landlords, it seems hinged on their occupation. If they are a landlord, and only such, they will probably be more vigilant in their search for things that they might not like going on. However, if they have other occupations, you pay the rent on time and are a good tenant, my worries on this subject would be small.
  13. Krippul

    Krippul Guest

    Where I live, we can grow pot in a rented house and the landlord gets fined.. kind of a dumb law.. but whatever workI guess.

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