Legal Question in Criminal Law in Arizona

Legal Search of Apartment

If the landlord suspected possible illegal activities, can they authorize police to enter an apartment when the tenant is not home and there is no sign of possible damage to the apartment and no search warrent has been obtained?


Asked on 12/31/03, 7:11 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Legal Search of Apartment

A lawful search may be made only with the informed consent of a legal occupant of the apartment, or with a properly-issued court controlled search warrant. A landlord is not legally authorized to admit law enforcement to an apartment without a search warrant, as a landlord is not a legal occupant.

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Answered on 1/01/04, 3:25 am


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