Canyour landlord let the police in your apartment if they do not have a warrant?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Canyour landlord let the police in your apartment if they do not have a warrant?
My fiancée was in his and his brother’s apartment along with myself. His brother was not home so we did not answer the door for the police. After about a hour of knocking the landlord let them in even though his brother was not around. They arrested my fiancée because of domestic violence against his ex wife. All that happened is they got into an argument and she called the police and said he hit her. Is any of this illegal?
Asked on March 26, 2011 under Criminal Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
As a general rule, the police can obtain consent to search from anyone with control over the property; specifically the one in charge of an area has the power to give permission to the police to search that area. Accordingly, someone who has a key or whose name appears on the lease, can legally consent to a search of the property if no one else is present. And if the property is a rental, be advised that a landlord can also let the police in. However, a landlord cannot give permission to the police to search your apartment; only places like the common areas (e.g. a washer/dryer room in an apartment building).
Note: You should keep in mind that it is not an illegal search and seizure if the police search your apartment without any permission if they feel that the search is an emergency ("exigent circumsatances").
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.