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TorchTheWitch

(11,065 posts)
83. breaching the lease is immaterial
Sat Dec 5, 2015, 10:47 PM
Dec 2015

And I doubt the lease said anything about illegal items on the premises. No lease I ever had required that I not have specific illegal items on the premises... that's a criminal matter having nothing to do with the lease. However, even if it WAS a breach of the lease it doesn't forfeit the rights of the tenants' next of kin who upon the death of the tenants inherited all their belongings.

Every state has a specific process concerning the removal of a tenant and the removal of the tenant's property from the premises once the specified time limit for the tenant to remove their items has expired. None of them allow the landlord access to the property immediately nor to the tenant's belongings in the premises. There is no question that the landlord allowing access to the media to not only the premises but the tenants' personal items broke the law, and it doesn't MATTER that they were heinous criminals and deceased.

Part of what is so outrageous about what the media did is that they should have known that they themselves were breaking the law by illegally entering the premises as well as illegally riffling through the belongings of the deceased tenants that upon their demise then immediately became the property of their next of kin, and they absolutely should have known they were contaminating a crime scene that may have yielded much information about the killers, why they committed such an atrocity and most importantly whether or not anyone else had any involvement... they didn't acquire the bomb materials without help nor did they acquire the weapons and ammo without other involvement. Now anything in that apartment that could have been used by prosecutors against any others that may have committed crimes in helping this barbarous couple to achieve their ends might not be admissible.

As for why the police didn't immediately secure the apartment and have officers standing guard, I can give them a pass on that since at the time many departments were in the throws of hunting down a suspected third killer, disposing safely of bombs, investigation and ensuring the safety of the community. I can forgive them this lapse particularly since the REASON it is necessary for the police to rope off and guard a crime scene that by law should have ALREADY been locked up and secure is because of the media and others wanting access for their own selfish reasons and to hell with contamination of a crime scene or the fact that those property items inside that dwelling was the legal property of someone. And SHAME on the media after what they did framing this outrageous incident THEY caused as the bigger fault laying with the police - who were up to their eyeballs over a mass murder incident - for not roping off the crime scene and posting guard on a property that by law should have been locked and secure from anyone - including the owner of the premises - in the first place.

Recommendations

0 members have recommended this reply (displayed in chronological order):

One time that happened, the two reporters died soon thereafter--one murdered, the other shot by cop. Octafish Dec 2015 #1
Three years' probation, eh? Proserpina Dec 2015 #27
Ruined! Same for the other guy, who was Jack Ruby's lawyer for a couple of days. Octafish Dec 2015 #33
God you're always so fascinating. lostnfound Dec 2015 #60
Octafish navarth Dec 2015 #36
Just two more people who got too close to the ugly rury Dec 2015 #43
It was disgusting! TIME TO PANIC Dec 2015 #2
+1 ...what you said n/t ejbr Dec 2015 #16
"News" is entertainment uppityperson Dec 2015 #3
Bingo! That's what it amounts to these days. nt valerief Dec 2015 #26
Kerry Sanders (MSNBC) and Stepanie Elam (CNN) were just awful and creepy! They... ChisolmTrailDem Dec 2015 #4
Agreed... LovingA2andMI Dec 2015 #17
They all envy Geraldo and Capone's safe world wide wally Dec 2015 #5
The FBI released the residence to the original owner. This is a non-issue. Buzz Clik Dec 2015 #6
It's still ghoulish starroute Dec 2015 #8
My favorite part of this: Buzz Clik Dec 2015 #9
It was a rented space, and there is such a thing as tenants' rights. Cal Carpenter Dec 2015 #11
Perhaps, but it is all on the landlord. Buzz Clik Dec 2015 #12
Yeah, that's basically what I just said. Cal Carpenter Dec 2015 #18
I was simply agreeing. Buzz Clik Dec 2015 #20
Actually.... LovingA2andMI Dec 2015 #35
I wonder if the landlord was bought! asjr Dec 2015 #41
Rumor Mill Says.... LovingA2andMI Dec 2015 #48
and he knew the renters were not going back SoCalDem Dec 2015 #92
Landlords are in it for the money TexasProgresive Dec 2015 #22
I understand that the landlord was paid $1000 from a tv program (was it No Vested Interest Dec 2015 #28
I don't see how they could let go of the space so quickly if it had been filled with bomb material Fast Walker 52 Dec 2015 #13
+1 makes me wonder if 'someone' wanted the apartment 'contaminated". snappyturtle Dec 2015 #31
I would so no. Quackers Dec 2015 #39
The Apartment Could Be "Released" Back To The Landlord... LovingA2andMI Dec 2015 #49
That would fall on the landlord, not law enforcement. Quackers Dec 2015 #52
The Press Has Due Diligence LovingA2andMI Dec 2015 #57
I would be curious to find out Quackers Dec 2015 #59
There's a RUMOR.... LovingA2andMI Dec 2015 #66
thanks, but still odd for the SB case, which is a high profile terrorism case Fast Walker 52 Dec 2015 #64
it certainly is weird, and goes along with other weirdness Fast Walker 52 Dec 2015 #62
That is left to be determined... LovingA2andMI Dec 2015 #19
My comment was directed at this point made by the OP: "Tainting the criminal scene... " Buzz Clik Dec 2015 #21
Hard to say, really. Were they in arrears in rent? Could it be said that they "abandoned the MADem Dec 2015 #55
This message was self-deleted by its author LovingA2andMI Dec 2015 #63
Ummm, Like What? LovingA2andMI Dec 2015 #65
Good grief! Listen to yourself! MADem Dec 2015 #70
Prioities....Interesting.... LovingA2andMI Dec 2015 #71
Keep smacking your head and tipping your hat. That kid won't get a dime by the time MADem Dec 2015 #72
Actually.... LovingA2andMI Dec 2015 #75
Prove your assertions or walk. You're the one who needs to deal with a few facts, here, MADem Dec 2015 #77
Walk Where? LovingA2andMI Dec 2015 #80
Just because you started it, doesn't mean you've PROVED a thing. MADem Dec 2015 #82
It may be illegal wheniwasincongress Dec 2015 #58
How can they release it so quickly? Not exactly thorough, were they? lostnfound Dec 2015 #61
Wouldn't it be against the law for the landlord to do that? Marrah_G Dec 2015 #7
No. Law enforcement had walked away from the residence and returned control to the landlord. Buzz Clik Dec 2015 #10
Was the rent not up to date? TexasProgresive Dec 2015 #23
They probably violated the lease when they turned the place MADem Dec 2015 #79
Actually.... LovingA2andMI Dec 2015 #24
It was absolutely legal, but B2G Dec 2015 #25
Actually AGAIN -- No It Was Not - California INTERSTATE SUCCESSION Laws LovingA2andMI Dec 2015 #30
Nobody removed any of their property. B2G Dec 2015 #34
Where You There? LovingA2andMI Dec 2015 #37
Were you? Good grief, you're certainly insistent that someone -- with cameras everywhere--would MADem Dec 2015 #73
See You're Upset.... LovingA2andMI Dec 2015 #74
No, I'm reading the entire thread, here, and I see you piping up constantly, MADem Dec 2015 #76
It's OUR Thread.... LovingA2andMI Dec 2015 #78
It's based on a nonsensical premise. MADem Dec 2015 #81
It's questionable, branford Dec 2015 #14
breaching the lease is immaterial TorchTheWitch Dec 2015 #83
First, I though the landlords actions were stupid. branford Dec 2015 #84
the landlord's actions were ILLEGAL TorchTheWitch Dec 2015 #89
American media retrowire Dec 2015 #15
What media? navarth Dec 2015 #38
Will fact-based journalism emerge from this rummaging, Ron Green Dec 2015 #29
Likely NO.... LovingA2andMI Dec 2015 #32
If it bleeds it leads shadowmayor Dec 2015 #40
American media is the envy of the world! Enthusiast Dec 2015 #42
Ever see a vulture on a kill? tooeyeten Dec 2015 #46
The police have the last suspect in custody and still alive... Volaris Dec 2015 #44
There is no other suspect in custody. cwydro Dec 2015 #51
I thought the third person was not involved and was let go Renew Deal Dec 2015 #54
Apparently I'm mistaken. Volaris Dec 2015 #87
Kerry Sanders tooeyeten Dec 2015 #45
Theyre just giving people what they want... chervilant Dec 2015 #47
Sensationalism washed with xenophobia or otherwise known JEB Dec 2015 #50
I don't blame the media. Renew Deal Dec 2015 #53
When the New York Times decided a serious retrospect on the invasion of Iraq wasn't called for Babel_17 Dec 2015 #56
SometimesI think there are no ethics anywhere anymore oldandhappy Dec 2015 #67
The landlord claims he didn't allow media to enter, Unknown Beatle Dec 2015 #68
Then the M$M and mass consumers have finally reached their crossing point. Rex Dec 2015 #86
I saw him pry off the plywood..and let them in SoCalDem Dec 2015 #93
I didn't see the clip of it, but if that is true it is extremely disturbing davidpdx Dec 2015 #69
It's a good possibility the lease agreement redstateblues Dec 2015 #85
they want more blood shed is what's happening tenderfoot Dec 2015 #88
Message auto-removed Name removed Dec 2015 #90
What about Sandyhook? uppityperson Dec 2015 #91
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