Can a person’s apartment be searched without a search warrant?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a person’s apartment be searched without a search warrant?

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?

Asked on June 8, 2012 under Real Estate Law, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption