Among the many rights a tenant has is the right to allow police to search their apartment. Although the Supreme Court has ruled that a search of a home without a warrant is not unconstitutional, the Fourth Amendment protects a tenant’s privacy. Moreover, landlords can only enter a rental property for legitimate business reasons.
A few cases have shown that even with consent, a police search of an apartment is not a particularly smart move. In one instance, a police officer was on the scene responding to a reported fight. The assailant was reportedly located in a nearby apartment. However, because the assailant was not an occupant of the apartment, the officer was unable to obtain his consent for a search.
Another case involving a similar situation occurred in Illinois. The assailant was a man, who was allegedly assaulted by a woman. The occupant of the house where the incident took place did not object to the search. The object of this story was a woman who purportedly gave the law’s aforementioned ode to the search of her house, but was later evicted.
The female occupant of the house where the incident took places was able to give the law’s aforementioned ode in a box. In this case, the occupant of the apartment was not aware that she had consented to a search of her property. Hence, it was a tad bit of a stretch to suggest that she actually allowed the search to take place.
A more sophisticated question is: how can a police officer get consent to perform the aforementioned ode to the apartment? The answer is simple: a lawful search warrant. A valid search warrant must be issued by a judge and cannot be rescinded by the apartment owner or renter. A search of an apartment without a warrant is only permitted in emergency situations. In these circumstances, the legislature can’t anticipate every possible fact scenario.
A related question is whether or not the law is actually able to be applied to a scenario where the law may not be appropriate. For example, the presence of a non-consenting occupant in an apartment is not relevant in a situation where the object of the search is evidence or information. Nevertheless, the occupant of the house whose consent is being sought can assert his or her objection and prevent the search. The occupant’s best bet is to inform the law enforcement agency of his or her knowledge of the situation.
If an occupant’s refusal to provide his or her consent is not enough, it may be time to hire an experienced criminal defense attorney to handle the matter. A lawyer’s experience can be invaluable in navigating the legal minefield. For more information on your rights, contact an experienced attorney today.
The Supreme Court has ruled that a court’s best judgment is to determine whether or not a lawful search of an apartment is warranted. Usually, this means the most practical and legal way to enter an apartment is to inform the occupant that the search is being conducted.
