Can this possibly be legal? - cougarguard.com — unofficial BYU Cougars / LDS sports, football, basketball forum and message board

non sequitur · 12-22-2007, 07:28 PM

I spoke with my daughter today who lives in a Provo apartment that is BYU approved housing. She told me that a couple of nights ago at 2:00 a.m. a guy entered their apartment and insisted on searching it to see if there were any boys in the apartment. The guy is employed by the apartment complex and opened the apartment door with a pass key. He woke up all the girls in the apartment and proceeded to search the entire apartment. Is this legal?

I told my daughter that if anyone ever enters her apartment again, uninvited, that she should call the police immediately and not allow him to search the apartment. I feel like going down and talking to the apartment manager and raising hell. I want to tell the manager that I have bought my daughter a gun and that I have told her that if a man ever enters her apartment again in the middle of the night that she should shoot him and then call the police. Am I justified in being outraged?

SteelBlue · 12-22-2007, 07:50 PM

When I lived in Raintree, there was a man who would sometimes knock on the door at midnight and ask us if there were any women still at the apartment. He claimed to have the right to come in and look, but never did. Also, he only knocked when the lights were still on. I think this was one of the stupid conditions we had to agree to in order to live there but it's been so long I just can't remember.

il Padrino Ute · 12-22-2007, 09:40 PM

Quote:

Originally Posted by non sequitur

I spoke with my daughter today who lives in a Provo apartment that is BYU approved housing. She told me that a couple of nights ago at 2:00 a.m. a guy entered their apartment and insisted on searching it to see if there were any boys in the apartment. The guy is employed by the apartment complex and opened the apartment door with a pass key. He woke up all the girls in the apartment and proceeded to search the entire apartment. Is this legal?

I told my daughter that if anyone ever enters her apartment again, uninvited, that she should call the police immediately and not allow him to search the apartment. I feel like going down and talking to the apartment manager and raising hell. I want to tell the manager that I have bought my daughter a gun and that I have told her that if a man ever enters her apartment again in the middle of the night that she should shoot him and then call the police. Am I justified in being outraged?

I'm with you. Uninvited intruders should be shot. How can they be sure the guy isn't a rapist who knows he can use the excuse of working for the apartment manager to find Honor Code violations?

MikeWaters · 12-22-2007, 09:41 PM

she could shoot him, but she would probably go to prison.

i'm betting your daughter knows little about firearms, and tell her to "shoot anyone" would be a big mistake.

but do want you want.

marsupial · 12-22-2007, 10:27 PM

Sounds like a perv wanting to see a bunch of females in their PJs. She should at least report the incident to his manager.

woot · 12-22-2007, 10:30 PM

I'm pretty cynical so it doesn't seem like too much of a stretch, but somehow I doubt that this was a sanctioned event. I'd suggest that they gang up on him and kick his ass next time this happens, but that might be what he's hoping for. I would at least bring it to the attention of the relevant authority.

creekster · 12-22-2007, 11:08 PM

Steel has the key. They may have agreed to this condition when leasing. If they did, she's out fo luck. If they didn't, it is alkmsot certainyl illegal without her consent.

ute4ever · 12-22-2007, 11:57 PM

I can't speak for Utah, but in California the homeowner / resident is allowed to use deadly force against an intruder, so long as the person had a reasonable apprehension of receiving serious bodily injury or worse.

If your daughter consented to having 2am surprise visitors and does not remember, that is something her manager should remind everyone of, considering that apparently they do not recall waiving that sort of thing.

myboynoah · 12-23-2007, 04:07 AM

I'd be damned pissed NS, damned pissed. I can't even imagine that being okay. I'd be reaming the management a new one. I don't even care if somewhere in their contract it says it's okay. I'd be on the phone or in their faces. Totally unacceptable.

MikeWaters · 12-23-2007, 04:08 AM

Quote:

Originally Posted by myboynoah

I'd be damned pissed NS, damned pissed. I can't even imagine that being okay. I'd be reaming the management a new one. I don't even care if somewhere in their contract it says it's okay. I'd be on the phone or in their face. Totally unacceptable.

Perhaps the unacceptable thing is signing the contract that puts you in that situation.

If it's in the contract, I assume NS will be fronting the money to have her move immediately.

12-22-2007, 07:28 PM	#1
non sequitur Senior Member Join Date: Jan 2006 Posts: 1,964	Can this possibly be legal? I spoke with my daughter today who lives in a Provo apartment that is BYU approved housing. She told me that a couple of nights ago at 2:00 a.m. a guy entered their apartment and insisted on searching it to see if there were any boys in the apartment. The guy is employed by the apartment complex and opened the apartment door with a pass key. He woke up all the girls in the apartment and proceeded to search the entire apartment. Is this legal? I told my daughter that if anyone ever enters her apartment again, uninvited, that she should call the police immediately and not allow him to search the apartment. I feel like going down and talking to the apartment manager and raising hell. I want to tell the manager that I have bought my daughter a gun and that I have told her that if a man ever enters her apartment again in the middle of the night that she should shoot him and then call the police. Am I justified in being outraged? __________________ ...You've been under attack for days, there's a soldier down, he's wounded, gangrene's setting in, 'Who's used all the penicillin?' 'Oh, Mark Paxson sir, he's got knob rot off of some tart.'" - Gareth Keenan

12-22-2007, 11:08 PM	#7
creekster Senior Member Join Date: Aug 2005 Location: the far corner of my mind Posts: 8,711	Steel has the key. They may have agreed to this condition when leasing. If they did, she's out fo luck. If they didn't, it is alkmsot certainyl illegal without her consent. __________________ Sorry for th e tpyos.

12-23-2007, 04:07 AM	#9
myboynoah Senior Member Join Date: Jan 2006 Location: Memphis freakin' Tennessee!!!!! Posts: 4,530	I'd be damned pissed NS, damned pissed. I can't even imagine that being okay. I'd be reaming the management a new one. I don't even care if somewhere in their contract it says it's okay. I'd be on the phone or in their faces. Totally unacceptable. __________________ Give 'em Hell, Cougars!!! Religion rises inevitably from our apprehension of our own death. To give meaning to meaninglessness is the endless quest of all religion. When death becomes the center of our consciousness, then religion authentically begins. Of all religions that I know, the one that most vehemently and persuasively defies and denies the reality of death is the original Mormonism of the Prophet, Seer and Revelator, Joseph Smith. Last edited by myboynoah; 12-23-2007 at 01:35 PM.

12-22-2007, 07:50 PM	#2
SteelBlue Senior Member Join Date: Aug 2005 Location: Norcal Posts: 5,821	When I lived in Raintree, there was a man who would sometimes knock on the door at midnight and ask us if there were any women still at the apartment. He claimed to have the right to come in and look, but never did. Also, he only knocked when the lights were still on. I think this was one of the stupid conditions we had to agree to in order to live there but it's been so long I just can't remember.

12-22-2007, 09:41 PM	#4
MikeWaters Demiurge Join Date: Aug 2005 Posts: 36,365	she could shoot him, but she would probably go to prison. i'm betting your daughter knows little about firearms, and tell her to "shoot anyone" would be a big mistake. but do want you want.

12-22-2007, 10:27 PM	#5
marsupial Senior Member Join Date: Jan 2007 Location: M-I-S-S-I-S-S-I-P-P-I... Isn't it so fun to spell? Posts: 1,701	Sounds like a perv wanting to see a bunch of females in their PJs. She should at least report the incident to his manager.

12-22-2007, 10:30 PM	#6
woot Senior Member Join Date: Oct 2007 Location: Denver Posts: 1,502	I'm pretty cynical so it doesn't seem like too much of a stretch, but somehow I doubt that this was a sanctioned event. I'd suggest that they gang up on him and kick his ass next time this happens, but that might be what he's hoping for. I would at least bring it to the attention of the relevant authority.

12-22-2007, 11:57 PM	#8
ute4ever I must not tell lies Join Date: Aug 2005 Posts: 5,103	I can't speak for Utah, but in California the homeowner / resident is allowed to use deadly force against an intruder, so long as the person had a reasonable apprehension of receiving serious bodily injury or worse. If your daughter consented to having 2am surprise visitors and does not remember, that is something her manager should remind everyone of, considering that apparently they do not recall waiving that sort of thing.