Can police search my apartment without a warrant if landlord grants permission?
Also, if they have no warrant and we do not allow them to search, can they use that as probable cause to enter the apartment/get a warrant?
Public Comments
- No, they don't need a warrant. They have been granted permission by the OWNER of the apartment. Which would be the landlord.
- No. Probable cause means that they have evidence that leads them to believe a crime is being committed inside. Your lease coveys to you use of the apartment, and ownership of the space. The landlord cannot let them in without a warrant.
- technically no do you have anything to hide?
- Your landlord cannot give permission to search your apartment. However, if the police can point to circumstances that would justify immediate entry -- such as the sound of a ferocious fight or the smell of burning marijuana -- they may enter without permission from anyone. Refusing entry to your apartment is not probable cause to get a warrant to search your apartment. They might find another reason, however, so if they've been there, I'd get rid of whatever you don't want them to see.
- if they ask to come in you can say no, if you say no they sit there with u on ur front porch and have a warrant brought down to them, just let them in if there is nothing illegal u have no problems, and with a search warrant, they have the right to tear ur place apart and not pay for a cent, id go with the let them in, and if they break anything do not confront the cops, take a picture and bring it to the city and they should covor it
- Probable cause is having a good reason to search or question someone, such as having evidence that a crime is afoot. If they don't have probable cause, they can't just waltz in and search things. If something is in plain sight, they can search, but normally they have to have a signed search warrant to do a proper search. Any evidence that is obtained without it won't be admissible in court.
- What state are you in? In most states the answer to both questions in no. And if they did they could not use any evidence they obtained during the illegal search and seizure of your property. The fact that you say no to an unwarranted search just means you know your rights as an American citizen. If it was anything big, they would obtain a search warrant then go to your house. They wouldn't make you aware, they will surprise you.
- No, your apartment is YOUR home not the landlords.
- They can not search your apartment without a warrant unless they have your permission (the landlord can not grant them permission). Refusing to authorize a search is not considered probable cause. However, it's not that hard for an officer to get a warrant. If he's asking to come in, you can bet that he's going to be able to go get a warrant if needed.
- NO. Your house or any place else cannot be searched by police unless they obtain a warrant by a judge and they must show good cause to get it. However if a police Official sees an apparent crime or has substantial probable cause that a crime has been committed or will be committed then he they can enter,but it will have to be proved that the police had to enter and search to prevent or investigate. So If a landlord who has no right to even enter your place except in an emergency told police they could enter it will be thrown out in court or dropped entirely by police and da. Even if you call the police for a particular reason and there is nothing in the obvious of a crime,they must still ask permission to enter.Once in they still cannot search for anything. So again the answer is NO...
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