Legal Question in Criminal Law in Arkansas

Rented property subject to search?

My boyfriend owns a house, mechanic shop, and salvage yard. He rents the shop and salvage yard to another individual and has receipts for this. Early this summer a search warrant was issued for said property. Upon the search a stolen vehicle was found at the shop which belonged to the individual that had rented from my boyfriend. There were also drugs found at the shop. Guns were found at the house, hence simultaneous possesion. The individual that he rented to refuses to come forward and claim responsibilty for the vehicle and drugs. My question is, can my boyfriend be held liable for these things found in the search even though it was rented to another individual?


Asked on 9/20/00, 8:00 am

1 Answer from Attorneys
Gary Kennan W. Gary Kennan

Re: Rented property subject to search?

Arkansas law looks at several items of information in determining the validity of a search. Among those issues to be looked at is the the question of who is in control of the place to be searched. If your boyfriend had relinquished control of the place to be searched (he rented the place to another), he would have a good chance of suppressing the items taken in the search. That would be done by a motion to suppress.

To give you a full answer in this matter I would have to read the entire case file. Thus I have given only a partial reply. But that is one important item one must look at in defending this matter. I will be happy to talk further with you.

You must understand that there are no guarantees in the law and particularly in the criminal law.

Thank you,

W. Gary Kennan

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Answered on 10/23/00, 10:42 am


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