QUESTION
Can my apartment be searched by police without my consent or consent from landlord?
Asked on Jan 27th, 2013 on Criminal Law - California
More details to this question:
My ex threatened to have police search my apartment by telling them I was a drug dealer when I only smoke marijuana, not deal it.
10 ANSWERS
John J. Carney
They need a search warrant or consent to search an apartment. Many women are vindictive and will try to ruin you if you get them mad.
Answered on Feb 25th, 2013 at 1:50 AM
Michael J. Breczinski
Not unless they have a warrant.
Answered on Feb 01st, 2013 at 10:17 AM
Without a warrant, the police, generally, cannot search your home. With a warrant, the police can search anything within the scope of the warrant. Without a warrant, the police may still search your home in a number of circumstances, i.e. if you give consent, if the officer believes that evidence is being destroyed, if there is an emergency, or if the police officer has a reasonable suspicion that illegal activity is going on.
Answered on Jan 29th, 2013 at 2:23 PM
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Yes, if there is a valid search warrant.
Answered on Jan 29th, 2013 at 2:23 PM
Michael Paul Vollandt
If they can get a warrant they can. Close cause on the manager's consent. I think your ex has been smoking something himself.
Answered on Jan 29th, 2013 at 2:22 PM
3 Awards
Search a seizure is a very complicated area of the law. Get an attorney to help you because you won't be able to figure this out on your own.
Answered on Jan 28th, 2013 at 4:37 PM
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If the police have a warrant, then, yes, they can search your apartment. It's debatable whether a judge would issue a warrant based on your ex's lying, but it's possible.
Answered on Jan 28th, 2013 at 4:37 PM
4 Awards
If she is permitted to be there then she can probably invite them in. This could be a complicated fact situation and if it happened you would need a lawyer to guide you through it, but the general rule is that someone permitted to be there can invite the police in to search.
Answered on Jan 28th, 2013 at 4:36 PM
Thomas Edward Gates
If your girlfriend was living at your house, she can give the police permission to search the place.
Answered on Jan 28th, 2013 at 4:36 PM
if someone says that you are dealing drugs out of your home the police need a judge to issue a search warrant to conduct a search without your consent.
Answered on Jan 28th, 2013 at 4:36 PM