Can a person's apartment be searched without a search warrant?
Question Details: Our son and his wife had a 10 day eviction notice starting on the 6th. On the 7th the landlord saw where a window was cracked and called the police to look inside for more damage. Is this legal because the police went digging in the closet and found something and charged them with simple posession? Not related to the reason for the search. Is this legal or not?
Maybe and it would be worth taking that stand when you discuss this with a criminal attorney in your area. It sounds like they were legally in the apartment (a landlord has the right to give entry if there appears to be an emergency situation). But "digging" as you say in the closet sounds beyond their need and outside the scope of the search. The law on this can be complicated so seek legal help. Good luck.
