QUESTION
Can a search be carried out for a rented place?
Asked on Dec 28th, 2011 on Landlord and Tenant Law - Oregon
More details to this question:
I rent a home that my father owns. If there is a search warrant for his house that I rent, can the search be carried out? Can I ask them not to enter? The property is fenced and gated.
4 ANSWERS
You need to direct this question to a criminal law specialist.
Answered on Jun 20th, 2013 at 1:59 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No. You must comply with the warrant.
Answered on Jan 05th, 2012 at 4:34 PM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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Search warrants can be issued for any dwelling for probable cause. If the warrant is seeking items relating to criminal activity believed to be in the residence it doesn't matter whether the home is owned or rented by the occupant.
Answered on Jan 04th, 2012 at 5:14 PM
Kevin Elliott Parks
You should re-post this question in the Criminal Law and/or Constitutional law section, as attorneys there will be more familiar with the intricacies of search and seizure law. But generally speaking, if the police have a search warrant for a specific property address, they're going to search it. You can ask that they don't, but if they have a warrant your request is rather inconsequential. The fence and gate don't make any difference, and just because you lease the property isn't going to change the validity of an otherwise lawfully obtained search warrant.
Answered on Jan 04th, 2012 at 4:54 PM