I have a hunch about a patient and I cannot prove it!

cherrybreeze, ADN, RN · Mar 14, 2010

I'll tell you exactly what you can do to where you won't violate HIPAA.
It is pure BS that the landlord cannot evict her because she has a disability.
Having a disability is a protected class but doesn't force a homeowner to provide you a free place to stay....you can evict someone if they do not pay rent. If she is disabled, she can qualify for Section 8 vouchers to pay her rent...if she does not qualify for Section 8, then the system has determined that she is able to secure enough living to pay her own rent.
If you are SURE they are running a meth lab, the call the police department and tell them you are a former neighbor and want to inform them that they have a meth lab in the apartment.
They don't even need a search warrant...they will simply bring a drug dog to the front door and when the dog picks up the scent, that gives them probable cause to search.
If you had done that when you lived there, the landlord can easily evict someone (even WITHOUT a 30-day notice), because committing a felony is an easy reason to get rid of a tenant.
The residue of meth stays in an apartment for years unless it is specifically cleaned for it....some experts claim that it is NEVER safe to live in a place where meth has ever been cooked.

I was going to say this, too...while you can't do anything in the capacity of your job, why didn't you call the cops when you had crap backing up in your drain?? You would have obviously acting as a citizen at that time, and the proof was in your sink. I am not sure as far the what the landlord could or couldn't do in terms of eviction on their own, but if they were busted by the cops, then he could have booted them out.

That's scary, to have lived that close to something so dangerous. When meth labs explode, it's incredibly destructive, and explosions are a big risk. Glad you're at least out of there. The only thing I had back up from the pipes in my old apartment was a ton of CABBAGE in the bathtub (seriously). A neighbor tried to dump a bunch (several pounds) of what looked like sour kraut down their sink drain, and it ended up in my tub (I was half asleep after a shift, and heard a weird "glug" from the bathroom....forgot about it until I went to shower and there was an inch deep layer of kraut in the tub. Sorry, that's O/T......back on topic: tip off the cops.

ITALY123 · Mar 14, 2010

I would also like to know, How in the world did you know that your neighbor was running a meth lab next door?? scary! Was it just the chemicals comming up from your sink? That is gross lol. What if you had a child playing in that as we all know children play in anything even toilets when they are lil things That is just horrible. Do the right thing and call the police even anonymously and say you have a hunch that there is wrong things going on in your complex

BabyLady, BSN, RN · Mar 15, 2010

Well, I don't have five family members in law enforcement, but the comparison seems flawed to me. I can still remember the section in the student handbook of my high school saying that lockers were school property and, as such, could be searched at any time by school officials. Homes or apartments, on the other hand, are private property; after some quick research, it looks to me like officers are only allowed to conduct a warrantless search of a home if they have reason to believe that evidence will be destroyed during the time it takes to obtain a warrant. Whether or not that's true, my point is, there's no reasonable expectation of privacy that attaches to school lockers.

You are correct on the school locker theory.

However, there is no difference between your car and your home legally.

The difference is that your car has windows....if an officer pulls you over and you are on probation for a drug charge, they can search your vehicle from that alone...anything that an officer sees "in plain view" can be probable cause to search further.

If a police officer pulls you over for a speeding ticket and you seem impaired, THEN he needs either your permission or a search warrant because just because you are impaired doesn't equal you having illegal drugs in the car...weapons or otherwise.

A drug dog is not going to be able to sniff at the front door if you are dealing in pills or even marijuana...however, METH is not the same thing...it infiltrates everything in an apartment.

So if the police thought you were dealing in MJ or pills, yes, they would need a search warrant.

But if they brought a drug dog for meth to your front door and he picks up the scent for meth, that ALONE is going to be probable cause to enter and search and that is when the "elephant in a matchbox" rule comes in....the police can search anywhere where meth can possibly be found..which is essentially everywhere.

The police only announce entry to JUSTIFY forcible entry....it gives the homeowner the opportunity to voluntarily open the door for police and thus, negate property damage....if the homeowner refuses, then they can force entry.

Drug tips require a search warrant because you have nothing to base it on other than a person's word...that isn't enough to justify entry without a warrant.

WoofyMutt80 · Mar 20, 2010

I haven't lived there in over a year, and from what I hear she still lives there. The cops have been there numerous times for noise, fights, and harrassing other neighbors (one who has an anxiety disorder and heart problem!), when I lived there. It turned out 3 other families moved out of that building due to them! I believe the universe works in weird ways and I hope she gets help.

Lisa, MA · Mar 20, 2010

The police are there regularly and they haven't detected the supposed meth lab? I find that hard to believe.

As for the disability, you can always make an annonymous call to the disability office. They will investigate. Better yet, if she has children you can call childrens services and make an annonymous tip about abuse. Or even if she just has a dog or cat, call and make an annonymous tip to the local kennel that an animal is in danger. They will all investigate. If there is a meth lab, they will find it.

LesphotoRN · Mar 20, 2010

ditto..

~Mi Vida Loca~RN, ASN, RN · Mar 20, 2010

i just started a medical asst job at a neuro. clinic. we see alot of pts with chronic pain, worker's comp, disability approvals, etc.... to make a long story short, over a year ago i moved out of an apartment building in a bad part of town, one reason was my neighbor who has a medical condition and her and her nephews were running a meth lab right next door to me and there chemicals were backing up into my bathroom sink on a daily basis. i saved my $$$ and got the hell out asap. i was getting sick, possibly due to this! anyways fast forward one year later. i get this job, and i was getting an rx out of the controlled substance pile (pt's have to physically pick up their prescriptions). i just happened to notice my former neighbor's name on one of the rx's in pile. i know i can't make note of it to her dr thanks to hippa. she has a hx of drug seeking behaviors, and due to whatever disability she claims to have, my former landlord cannot evict her! i was the one forced to move! i was driving home and putting 2 and 2 together. also her nephews are drug seekers, and it is illegal to provide her meds to them. have you ever been in a situation like this and felt "stuck"? it people like her that screw the medical and disability system and there has to be something to stop people like her to get her hands on the pills people need for legit reasons!

just curious, meth lab stuff aside, how do you know she has a hx of drug seeking behavior and doesn't have a legit medical condition? from this post you have had no cause to read her medical records and only saw her name on a prescription so how do you know any details of her medical history or if she has a legitimate disability or not?

i mean don't get me wrong, i don't agree with her extra curricular activities and if i suspected my neighbor was a drug dealer or running a meth lab, authorities would have been involved. i know the police i have been around take meth labs especially, very seriously, because of the risk of explosion.

but just because the woman allegedly is running a meth lab, doesn't mean she doesn't have a legit medical condition and is abusing getting medication for that condition. shoot, not that this is an excuse at all, but it could have been the medical condition and not a good source of relief that led into illegal drug doings. i have seen it happen many times.

babylady,

i am not sure how it is where you live, but in my experience, getting section 8 housing is not that easy even if you have a disability, shoot getting ss with a legit disability can be a nightmare (i have a ss worker tell me by policy they deny all initial claims and only start working on the appeals, although i don't know how much weight that holds) and often times their is a 3-5 year waiting list if you do get approved for the housing. at least that is my knowledge on it in 3 different states. the help with housing was one of the most difficult things to get assistance for from what i have seen.

Katie803 · Mar 20, 2010

I'm no legal expert, but I'm not so sure you should leave an anonymous tip. First of all, those tips aren't always completely anonymous, and if it gets traced back to you then you are going to be up the proverbial creek. maybe try to speak to someone who knows about laws or even seek some free advice from a lawyer. i know there is a hotline you can call to get free legal advice on matters like this that they might be able to help you with because you aren't trying to get any money out of suing anyone. If you do decide to leave an anonymous tip, I would suggest not mentioning the drug seeking behaviors, just the meth lab, because then they are going to start asking how you know that she is getting prescriptions and is a drug seeker. That's when things would get risky for you. maybe if you know someone who still lives in the apartment and has probems with this lady as well you might convince them to do it, that way it can't get back to you. But once again, say absolutely nothing about the prescriptions and what you have seen in your workplace. God bless!

WoofyMutt80 · Mar 20, 2010

Just curious, meth lab stuff aside, how do you know she has a hx of drug seeking behavior and doesn't have a legit medical condition? From this post you have had no cause to read her medical records and only saw her name on a prescription so how do you know any details of her medical history or if she has a legitimate disability or not? .

I DID NOT read her record, her name was on a paper attached to a RX in our Narcotic/Controlled Substance pile. I have known this lady for years! I have told the cops about the meth lab, the BS going on there. Unfortunately, these people are too damn smart and keep things under wraps when they sense the sh** is going to hit the fan so they dont get caught. Also one nephew is buddies with some of the cops.

caliotter3 · Mar 20, 2010

Best to mind your own business and keep yourself out of trouble. You could be biting off more than you can chew if you decide to get involved with this woman's business. People do not like to be accused of criminal activity, whether or not they are guilty. She, and her friends and relatives, can make your life a living hell. I don't think it is worth it.

belgarion · Mar 20, 2010

Best to mind your own business and keep yourself out of trouble. You could be biting off more than you can chew if you decide to get involved with this woman's business. People do not like to be accused of criminal activity, whether or not they are guilty. She, and her friends and relatives, can make your life a living hell. I don't think it is worth it.

I second this. Growing up in the boondocks and living there now I have seen and smelled plenty of meth cooking going on. Not to mention a couple of large scale pot growing operations some enterprising folks had going in buildings on their land. When one of our neighbors tried to turn these folks into the sheriff's dept. he came outside one morning and found a half dozen live rattlers in the cab of his pickup. Of course this was some years back. Nowdays they would probably just shoot him. You are away from there, let it go and let life take care of the situation.

Lisa, MA · Mar 21, 2010

Here's the problem with MYOB....if everyone does this, the scum and scourge of society win. Burrying our heads in the sand is never the answer. SOMEONE has to be brave enough to stand up against these criminals.