cops a knocking at my door

[PersonGuyDude]

Are you able to deny police entry into your home without a warrant in Aussieland?
Surely you can tell them that they can't take your property without a court order!

 

[Sigurthr]

Right now, don't be thinking about retaliation. Start thinking about self (and property) preservation. Do whatever you can to see about getting that other tennant evicted for the smoking. Avoid any confrontation with them, and only shine your laser behind closed doors. At this point the police think they have your laser, so don't prove otherwise by letting anyone else see a beam from your direction.

Retaliating in a non legal manner will only make the tennant more of a thorn in the side.

 

[Lase]

You can legally tell the cops to go f**k themselves up to the point they show you and give you time to read and understand the search warrant.

Sometimes (this happened to my brother) you can state that you (while being the resident in charge) do not understand the warrant and wish to have your lawer/legal guardian have a look at it first. Chances are they will ask you to have someone come over ASAP and they will wait.

But unless a search warrant is produced and you have had time to read it, they are NOT allowed to enter your property.

Always be confident and know you're rights but don't be a smartarse to the cops or they will make a bigger hassle out of it indeed.

Because you were compliant and made no fuss you should get off with a warning. Especially if you bought the modules within Australia.

Lase

 

[Flaminpyro]

Hum...:thinking: it rather smells to me like he's over there right now smoking, maybe you better call the land lord and report him FOR THE LAST TIME :eg:

he didnt so i called again and he has now been issued a form 2 which to put it simply means if he does not stop smoking inside he will get evicted.

 

[PersonGuyDude]

You can legally tell the cops to go f**k themselves up to the point they show you and give you time to read and understand the search warrant.

Sometimes (this happened to my brother) you can state that you (while being the resident in charge) do not understand the warrant and wish to have your lawer/legal guardian have a look at it first. Chances are they will ask you to have someone come over ASAP and they will wait.

But unless a search warrant is produced and you have had time to read it, they are NOT allowed to enter your property.

Always be confident and know you're rights but don't be a smartarse to the cops or they will make a bigger hassle out of it indeed.

Because you were compliant and made no fuss you should get off with a warning. Especially if you bought the modules within Australia.

Lase

Ah, thank you for clarifying that Lase. It seems Australia is much like the U.S in that regard. In the future I would suggest to OP that he exercise his rights, you could have avoided this whole problem!

 

[strik3]

i was told by police i can call them anytime i hear his tv through my wall for a noise complaint. and that if i really wanted to i can do the same thing back to him. i can call crimestoppers and say hes got illegal items, lasers, drugs, immigrants. and as it is anonymouse nothing happens. but as longas i suspect something i can call

 

[lasersbee]

at 7:30 am this morning i had cops knocking on my front door. because someone ( my next door neighbour who is trying to get me into shit cause he has been told off for smoking inside but thats another story) dobed me in. they did not find my 1.3W 445 but they did find some <5mw keychain reds that i bought at a $2 shop. they have since confiscated them and wil lpm them. and if they are over 1mw i get to goto court and explain why i had them. now as they were purchased in australia they should be fine. but this post is just to show what happens here in australia

My question is..... why were the Cops specifically looking for Lasers...:thinking:

How did the neighbor know to tell the Cops that you had illegal
Lasers if you know that >1mW Lasers are illegal in your country....:thinking:


Jerry

 

[acraze]

this kinda of thread gets my blood boiling. because when I moved in my house about 3 years ago within the first day I had police knocking on my door just cause I left a washer on the porch overnight. you could either record smoke in your room and get him evicted or if you have a strong flashlight ( are they even legal there wtf?) shine that in the air. maybe the angry neighbor would call the cops again to you even for that. if its totally okay to shine flashlight in the air then you could say he is harassing you, maybe file a charge.

 

[Guyfromhe]

Get a fog machine and fill your room with smoke, then send pictures to the land lord

 

[sopark4000]

nope i let them in. i store my main in parts normaly anyway so that if a child comes in they cant turn it on and blast an eye out. but i did ask them what would of happened if i had said no. they said they had a search warent

If they had a search warrant they would have showed it to you immediately and you would have had to sign it. You let them violate your rights for no reason.

 

[sopark4000]

You live in the US? They cant search your car, unless they have reason to suspect a crime is in progress or anything is suspicious. Example: A visible weapon, visible narcotics or the smell, you look high or drunk, anything that can be used in a crime is visible, or any other illegal things. (by the way, maybe its different in your state but I dont think so)

YOUR RIGHTS
- You have the right to remain silent. If you wish to exercise that right, say so out loud.
- You have the right to refuse to consent to a search of yourself, your car or your home.
- If you are not under arrest, you have the right to calmly leave.
- You have the right to a lawyer if you are arrested. Ask for one immediately.
- Regardless of your immigration or citizenship status, you have constitutional rights.

"YOUR RESPONSIBILITIES
- Do stay calm and be polite.
- Do not interfere with or obstruct the police.
- Do not lie or give false documents.
- Do prepare yourself and your family in case you are arrested.
- Do remember the details of the encounter.
- Do file a written complaint or call your local ACLU if you feel your rights have been violated."

If the Officer breaks the law, and searches you without possible reason for suspicion, you can use this against them and usually get off the hook. Another thing to keep in mind, if you are pulled over for switching lanes without signaling this is probable cause for suspicion and not a traffic violation (At least in Iowa), you cannot get a ticket and dont have to show the police anything unless they have probable cause for suspicion.

Heres the thing. There is a big difference between case law and statutory law. On paper everything you said is true but in real time the cops can search your car by BSing and saying that you appeared to be under the influence which would be probable cause for a search. Now when you go to court it is up to a judge to decide wether or not there was probable cause. If the judge decides that the cop was full of shit and had no right to search your car than it doesn't matter if they found a pound of coke, thus any evidence found is illegal. Now getting a judge to agree that the search was illegal is very difficult so when it comes down to it judges often "decide" what does and does not constitute unlawful search and seizure.

EDIT- Also where you said "if you are not under arrest you have the right to calmly leave" is no longer true. Police can now "detain" you for 24 hours without charges. So basically the cops can put you in cuffs, put you in a cell for 24 hours and simply release you after that time without actually charging you with anything. This has been abused a lot lately with the OWS protests. The cops grab people, detain them without charges in order to disrupt protests but they don't have to justify it now. No judge, no prosecutor nothing. Also good luck filing a lawsuit for unlawful arrest when you weren't by legal definition arrested.

EDIT-Also if you are being detained but not charged the police are not required to read you your rights but anything you say can still be used against you. Yeaaaaaaaaaaa

 

[Ablaze]

You could always go to court and get a restraining order. All you have to do is be afraid that the person in question may hurt you in some way. They are REALLY easy to get if you tell the right story.

Having a restraining order filed against you for any reason will fuck up anyone's life for years.

Plus, a restraining order would pretty much force the guy to move out.

I know someone who filed a restraining order against her landlord and has been living rent free in her house for years because he can't collect rent or evict her without violating the restraining order.

 

[Haloid95]

Heres the thing. There is a big difference between case law and statutory law. On paper everything you said is true but in real time the cops can search your car by BSing and saying that you appeared to be under the influence which would be probable cause for a search. Now when you go to court it is up to a judge to decide wether or not there was probable cause. If the judge decides that the cop was full of shit and had no right to search your car than it doesn't matter if they found a pound of coke, thus any evidence found is illegal. Now getting a judge to agree that the search was illegal is very difficult so when it comes down to it judges often "decide" what does and does not constitute unlawful search and seizure.

EDIT- Also where you said "if you are not under arrest you have the right to calmly leave" is no longer true. Police can now "detain" you for 24 hours without charges. So basically the cops can put you in cuffs, put you in a cell for 24 hours and simply release you after that time without actually charging you with anything. This has been abused a lot lately with the OWS protests. The cops grab people, detain them without charges in order to disrupt protests but they don't have to justify it now. No judge, no prosecutor nothing. Also good luck filing a lawsuit for unlawful arrest when you weren't by legal definition arrested.

EDIT-Also if you are being detained but not charged the police are not required to read you your rights but anything you say can still be used against you. Yeaaaaaaaaaaa

You Serious? Are you sure thats in every state though? I got into a issue with the police where they where talking BS and wanted to arrest me. I asked if I was under arrest or if I could leave. All he said was "You are not being detained" They had to let me leave, beacuse there was nothing against me.

 

[sopark4000]

You Serious? Are you sure thats in every state though? I got into a issue with the police where they where talking BS and wanted to arrest me. I asked if I was under arrest or if I could leave. All he said was "You are not being detained" They had to let me leave, beacuse there was nothing against me.

Yup it's in every state. They are allowed to detain you as long as it "reasonably" takes to perform an investigation. Now the word "reasonable" can be pretty much whatever the cops want it to be.

EDIT- They didn't have to let you leave they just let you because they probably realized that in the end they wouldn't be able to charge you with anything that would stick.

 

[ShortyInCanada]

As you have a MEDICAL reason for reporting his violations of conduct I will tend to support you. I have allergic reactions to all smoke and a severe reaction to the smallest exposure to tobacco smoke. This has turned into following the local developments in laws/regulations concerning secondhand smoke. No offense intended to the smokers here but I also have a medical reason for being super picky about the laws and the enforcement of them. As it turns out I have neighbors that chain smoke the days away. I have had to spend dozens of hours sealing the common walls off (townhouse complex) and, as of this time, still can not have an open window or door due to the level of noxious fumes from their constant puffing indoors and out. Even keeping the windows shut still allows some stale smoke to permeate my bedroom through the walls around the failing windows. My clothing and bedding frequently cause allergic reactions.
So maybe there are some laws or regulations in place that concern the exposure levels that are deemed acceptable for second hand smoke in your area.
Check them out too.
Don't be stooping to a dishonest level to expedite things.
And by all means, make some good Greek style snacks and have your landlord over to "discuss" the matter. He could be a valuable third party that could help work things out for you all. Just keep a positive attitude towards working it out while the landlord is around and he will probably prefer to keep the nice helpful tenant around versus the nasty underhanded one if and when the time comes to make a decision.

Good luck with it.

 

[InfinitusEquitas]

You Serious? Are you sure thats in every state though? I got into a issue with the police where they where talking BS and wanted to arrest me. I asked if I was under arrest or if I could leave. All he said was "You are not being detained" They had to let me leave, beacuse there was nothing against me.

Welcome to the POLICE STATE.

It's always been like that, now it's just more blatant, and cops no longer need to fear the very laws they supposedly uphold.