Can the police break into an apartment, search it, and then leave the premises unsecure, all without giving notice to the legal occupant?
Question Details:
My girlfriend had her apartment broken into by police and they searched for something and made a mess of the place. She wasn't home and no papers or anything were left to identify that the police were there. The only reason she knows that the police were there was because her roommate and his girlfriend were there. He got arrested for possession and the girlfriend was left there. They broke her door and left it broken and didn't leave notice or have it repaired.
The police are allowed to enter property to conduct searches as long as they have a valid search warrant. as far as breaking down the door, usually the police have th landlord open the door to execute a search warrant, however, the police may break down the door if need be and the landlord will be required to fix the door. the landlord will likely try to take the maony out of the tenant's security deposit. i suggest finding out whether the police had a valid search warrant. the person that lives at the property is the one that is able to challege the validity of the search warrant. if the boyfriend got arrested and is not a tenant at the property he will not likely be able to challege the search warrant as he did not have a property interest in the house unless he was living there as an over night guest of some kind. i suggest that the boyfriend hire a lawyer to represent him in court.

Are you a lawyer?
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