I need an attorney TONIGHT!

[Diablo]

I am in need of an attorney tonight.

I don’t want to get into to much detail here, but I believe an illegal search and seizure occurred in my apartment today.

The maintenance crew of the complex I live in came to make some repairs. They discovered what they thought was “drug paraphernalia.”

They called the manager, who then called the POPS officer (the officer who gets a discount for living on the property).

She came over and confiscated the alleged paraphernalia. There were NO charges or even a report filed, but I now have 24 hours to vacate my apartment after living here 12 YEARS!!!

I’m told by the PD they are no longer involved and it’s a “civil” issue.

If I don’t speak to an attorney tonight, I won’t be able to sleep. Hell, I probably won’t be able to anyway.

Look, I know there are people out there with a lot more problems than this, but I don’t have a record and would like to keep it that way.

If you are an attorney, or know one, please call or contact me via my pager at 602.223.7705. I’ll be online and won’t be able to answer my phone. However, my home number 480.990.1008.

Thanks in advance,

Kit

[Qman]

I would check your lease for reasons for immediate eviction. But if i were you and it wasn't alleged drug paraphenallia. As far as Illegal search and seizure. if you gave them Permission to enter apartment whenever they want to do these repairs and the said paraphenallia was in plain site then yes they have every right to take it call the cops,and Kick you out. Again i would read your lease real close and most of all Count your blessings your not in Jail tonight thinking about getting a lawyer. My family owns Apartment Complexs all over the state and we have this issue alot. If the place is a Crime Free Multi housing Property then yes they can kick you out in 24 hours. Every Properties Managements lease is differant but if i were you i would find a new place tonight and get the hell out First thing tommorow

[Diablo]

My family owns Apartment Complexs all over the state and we have this issue alot. If the place is a Crime Free Multi housing Property then yes they can kick you out in 24 hours. Every Properties Managements lease is differant but if i were you i would find a new place tonight and get the hell out First thing tommorow

Well, you seem to speak like a true Arizona landlord.

It appears Arizona is one of the worst states for tenant’s rights in the nation. Gotta protect those big corporations!

I’ve been to numerous sites and talked to a number of criminal and civil attorneys today.

ALL agree the search was illegal. ALL agree it’s a moot point because the police seem to know this, and therefore are not pressing charges (if they could). It also turns out the police feel if it can be used to smoke tobacco, it can be used to smoke pot, and therefore, is drug paraphernalia. So, yes, a tobacco pipe can be called paraphernalia if the cop decides it’s paraphernalia.

As I said, this is a moot point because there are no charges filed.

Now, for the civil case. An Arizona tenant has very little rights. There is no such thing as an illegal search in a civil case.

However, a landlord CAN NOT EVICT ANYONE! Only a judge can. Therefore, I do not have to be out in 24 hours.

This all has to do with the state’s “Crime Free Addendum” program. As I understand it, if an apartment complex does not join, they are passively harassed in to doing so. I’m told they get slow response times to calls, no call backs, etc. etc.

If they do join, and they don’t enforce it, they get the same treatment.

I’m not just getting this info from the attorneys; I’m getting it from MY OWN MANAGER! She’s upset over this because I’ve lived here for 12 years without one single incident. In 12 years, not one single tenant ever complained about me. I never had a problem with management before. She told me if I didn’t get evicted, she would get the treatment mentioned above.

Like I said, I’ve been living here for 12 YEARS. I was out of touch with finding a new apartment. I checked one out today and was told there would be a criminal check on me for prior sexual and drug charges as required by their Crime Free Addendum. Notice I said CHARGES, not convictions!

Now, I have a spotless record. But what about those people who’ve made mistakes in their lives and have taken steps to correct them? They can no longer rent an apartment? Or they have to settle for one that isn’t part of the program, and therefore won’t get the same treatment from police as the complexes that are in the program?

I imagine these folks have to live in a run down neighborhood, or something.

This program sounds like a brain child of Sheriff Joke Arpaio. Is it any wonder Landlord/Tenant law is such a big field in Arizona?

So, after living here for 12 years, it’s time to move on. Actually, it’s time to buy a house and stop giving my money to raping rental property owners. My ars is pretty sore from this one…

So, I called my manager and appoligized for her having to go through all this. I told her I would not be a problem and would move as soon as possible, and she would not have to get a court order to evict me.

Well, there you have it...

BTW, check out this article writen by one of the attorneys I spoke with today, Mark Victor:

http://www.victorandhall.com/celebration.asp

[phoen1c1an]

Were there drugs in your apartment?

[Diablo]

Were there drugs in your apartment?

Well, that is a personal question, and one I shouldn't go into at this juncture...

But NO, THERE WERE NO DRUGS IN THE APARTMENT.

But what difference does that make when one’s rights are being violated?

[Y2K-XJ]

Sounds like some kind of "set up" to me! got any enemies? :eek:

Also! Being a Former apartment dweller! 12 years is a very very very very long time to live in the same apt :( ..
Im one of those people that thinks ,everything happens for a reason!

Maybe its time to move on, and thank who ever, that no handcuffs were in put into action.. 24 hrs really is harsh but if it comes down to it Im sure someone here can room ya up till ya figure something out.
I have LOL quite a few close friends that are very active N.O.R.M.L members(look into it) , I'll ask them what they think and get back to ya..

Ive seen friends and family deal with all this before and have been fortunate enough to "be lucky" and get a slap on the wrist...

Let me leave this post saying just one thing... DON'T TRUST ANYONE!!!!!

[BRUZR]

Sounds like some kind of "set up" to me! got any enemies? :eek:
Sounds more like people (The maintenance guy or whatever) sticking their nose where it didn't belong... But just in case, did you ever piss him off?

[Y2K-XJ]

Oh deffinatly someone stickin it where it don't belong ,But the Judge doesn't/wont care...
Are you a minority in the complex(race)? You know exactly what Im talkin about I hope!

[Diablo]

Oh deffinatly someone stickin it where it don't belong ,But the Judge doesn't/wont care...
Are you a minority in the complex(race)? You know exactly what Im talkin about I hope!

The maintenance man was working here only about three weeks...

I am probably in the WORST UNPROTECTED CLASS there is. White, Male, White Collar, Middle Class, No children, No tax breaks...

I gotta get a house, man. I'm meeting with an agent today.

I'm looking for a fixer-upper in South Scottsdale. I currently live 1.5 miles from work. I'd like to keep it that way.

[flxy_tj]

Karma, That is the only thing that can explain that. :eek: