Here's my current living situation: I live in a 1 bedroom basement apartment of a house (there are just two apartments in the house -- the upstairs and the basement.) I never really have people over to my apartment, but my neighbors upstairs often throw parties. They never really get out of hand or anything, but I am concerned that if the cops are ever called and they want to search the house for underage drinkers (this almost always happens when cops are called as I live in a college town, and underage drinking takes place regularly), they will search the upstairs and possibly my apartment as well. I really don't know if I would have the right to tell them "no", as it's all one house. Even though they wouldn't be searching for a grow setup or anything, a cabinet in my closet with ducting and a power cord running into it would be pretty obvious. Has anyone been in a similar situation, or have any advice or thoughts for me?
That's a tricky one, have the police ever been called before? and have they ever asked to come into your apartment before now? I can't see why they would actually want to gain access to your apartment if the bother was above you. I beleive you would be in your rights to tell them they cannot have access but they would smell a rat and come back at a later date with a search warrant. Keep it simple, watch whats happening around you - design your grow room so that you can rip it down within 5 mins. This way if you ever get spooked you will be okay with a quick disposal. Personally, I say get a fricken grow on!
Not sure on the law where you live, but I believe that if you keep your place quiet, tidy, and not suspicious(NO alcohol out, no party cups, etc.), then you should be able to refuse to a search of your place with no problems.
I don't think they are even allowed to search the house if the party is happening outside at least... They would need a search warrant one would think. A couple keggers I went to the cops showed up. They were outside parties and when the cops came, about 20 underage people ran inside and hid downstairs, the cops never came in or were allowed in. (The owners of the house talked to them). Keg was even sitting outside. THEY TOOK THE KEG TAPPER! Bastards...But brought it back like 2 hours later, haha. And your situation sounds like they have NO right to search your apartment no matter what is going on in the other part of the housing since you have nothing to do with it. Anyways, I say your good to go. Good Luck.
Being that the house is split into apartments I think you're ok as long as you don't let them in. According to the ACLU the cops can get permission to enter from a guest also.(party attendant upstairs) If they get into the upstairs apartment they might try to muscle their way into your apt. too because it's in the same "house". Google ACLU to find out more about your rights and assert them.
You can't just weigh the possible odds of getting away with it, you also have to factor in the "cost" of each decision if it turns out to be the "wrong" one. If you choose not to grow and it turns out you could have, what did you lose? Some free (or less costly) weed. But, if you were to choose to grow and it turns out you should not have, what's the punishment? Depending where you live could be felony charges, mandatory minimum jail time (or more), loss of job, drain your bank account in legal fees, black spot on your record forever, and who knows what else. I wouldn't want to rely on the vagaries of whether cops are able to enter to search -- do you realize that if they enter illegally and find a grow and then later claim that they smelled it from outside (their word against yours) then they may not have needed your permission or a warrant? You need to be supremely confident that your grow op is secure, otherwise I advise against it. It's not worth it.
Very true. The state I live in (Kansas) is one of the worst on marijuana laws. According to NORML, there is even a law for "paraphernalia possession for cultivation of more than 5 plants." It sucks, but you're right. Not worth it for cheap/free weed.