Legal Question in Civil Rights Law in Pennsylvania

Arrested for dui after already home.

My question is, did the police have the right to have my landlord open my door for them? If not, can I beat the dui charge on the grounds of illegal search and seizure? I was home for at least 45mins before the cops came, this wasn't a pursuit type situation.


Asked on 7/07/08, 1:41 pm

2 Answers from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Arrested for dui after already home.

Generally, a landlord does not have the authority to allow police into a tenant's residence. Given the particular facts of a case, it is possible to have a charge dismissed on the basis of the suppression of an illegal search/seizure.

You need an attorney in order to have success at raising this issue. Feel free to contact me via email or phone.

Read more
Answered on 7/07/08, 3:32 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Arrested for dui after already home.

Generally, a landlord does not have the authority to allow police into a tenant's residence. Given the particular facts of a case, it is possible to have a charge dismissed on the basis of the suppression of an illegal search/seizure.

You need an attorney in order to have success at raising this issue. Feel free to contact me via email or phone.

Read more
Answered on 7/07/08, 3:32 pm


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