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Thread: I need an attorney TONIGHT!

  1. #1
    Diablo Guest

    I need an attorney TONIGHT!

    I am in need of an attorney tonight.

    I dont 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!!!

    Im told by the PD they are no longer involved and its a civil issue.

    If I dont speak to an attorney tonight, I wont be able to sleep. Hell, I probably wont be able to anyway.

    Look, I know there are people out there with a lot more problems than this, but I dont 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. Ill be online and wont be able to answer my phone. However, my home number 480.990.1008.

    Thanks in advance,

    Kit

  2. #2
    Join Date
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    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
    Last edited by Qman; 08-13-2004 at 09:23 AM.

  3. #3
    Diablo Guest
    Quote Originally Posted by Qman
    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 tenants rights in the nation. Gotta protect those big corporations!

    Ive been to numerous sites and talked to a number of criminal and civil attorneys today.

    ALL agree the search was illegal. ALL agree its 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 its 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 states Crime Free Addendum program. As I understand it, if an apartment complex does not join, they are passively harassed in to doing so. Im told they get slow response times to calls, no call backs, etc. etc.

    If they do join, and they dont enforce it, they get the same treatment.

    Im not just getting this info from the attorneys; Im getting it from MY OWN MANAGER! Shes upset over this because Ive 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 didnt get evicted, she would get the treatment mentioned above.

    Like I said, Ive 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 whove 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 isnt part of the program, and therefore wont 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, its time to move on. Actually, its 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
    Last edited by Diablo; 08-13-2004 at 09:19 PM.

  4. #4
    phoen1c1an Guest
    Were there drugs in your apartment?

  5. #5
    Diablo Guest
    Quote Originally Posted by phoen1c1an
    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 ones rights are being violated?

  6. #6
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    Unhappy

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

    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!!!!!
    Last edited by Y2K-XJ; 08-14-2004 at 12:36 AM.
    [COLOR="Red"]Rob B.
    Y2K-XJ 3" & 32's Daily Driven!
    82 Datsun 280ZXT "in the works"
    Beat it like it owes you money!:[/COLOR]:rolleyes:

  7. #7
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    Quote Originally Posted by Y2K-XJ
    Sounds like some kind of "set up" to me! got any enemies?
    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?

  8. #8
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    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!
    [COLOR="Red"]Rob B.
    Y2K-XJ 3" & 32's Daily Driven!
    82 Datsun 280ZXT "in the works"
    Beat it like it owes you money!:[/COLOR]:rolleyes:

  9. #9
    Diablo Guest
    Quote Originally Posted by 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!
    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.

  10. #10
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    Karma, That is the only thing that can explain that.
    Snowden,
    The liver is EVIL it must be punished.
    [FONT="Arial Black"][SIZE="4"][COLOR="red"][COLOR="Red"][SIZE="3"]I caught your jeep thing ...... Now it burns when I Pee[/SIZE][/COLOR][/COLOR][/SIZE][/FONT]:D

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