Legal Question in Criminal Law in California

Tenants Rights-Search + Seizure Laws

The SHERIFF Dept. came to the parking lot of my apt. complex as a friend + I were walking to his car, to investigate a vehicle tampering call, asking for my landlord by name. I informed him he was not here. He then asked if I would allow him to search me, I said NO I have a problem with that. I did not have anything to do with the car, and he was there asking for the landlord. He then started asking me who's car it was, who had been working on it,etc. He then asked if he could go inside my apt. AGAIN I said NO. Then the landlord pulled up, they started talking, The landlord signed a conesnt to search for carparts, and let them in. Does landlord have right to let them in my apt?


Asked on 3/11/03, 6:47 pm

3 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Tenants Rights-Search + Seizure Laws

absolutely not. your landlord does not have the actual or apparent authority to let police officers into your premises or any other private property of yours. you may have tortious remedies available to you as a result of your landlord's conduct. email me with more specifics of your case if you would like additional legal assistance.

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Answered on 3/11/03, 9:21 pm
David Diamond Diamond & Associates

Re: Tenants Rights-Search + Seizure Laws

MOST LIKLY NOT, was anything found in your apt? Were you arrested? CALL IF WE CAN HELP LARRY WOLF

310 277 1707

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Answered on 3/11/03, 11:18 pm
Michael Troy Attorney at Law

Re: Tenants Rights-Search + Seizure Laws

Based on the facts as you have presented them, absolutely not. You were correct to refuse. Merely because you are renting does not deprive you of your right against unreasonable search by government. The landlord holds no special power to supercede your refusal. You may have a civil remedy against both the cop and the landlord.

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Answered on 3/12/03, 1:42 am


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