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Old 06-20-2014, 10:44 PM
 
2 posts, read 1,994 times
Reputation: 10

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I am in the Ventura County area and just have a quick question referring to a friend of a guy I know... I know nothing about law so please forgive me if this is a stupid question but I would really appreciate an urgent response as the matter is URGENT... Thank you very much!

Scenario: A renter, rents a single bedroom in a 2 or 3 bedroom condo. The owner of the condo lives on the property and the tenant rents a bedroom that is connected to the main living area. The bedroom, while it is connected, does have locks on two doors, one leading to the living/kitchen area, and the other leading to the outside of the property. The renter is the only one with access to this bedroom and is current and compliant with all rental agreements.

Question: For whatever reason, could the owner of the condo allow law enforcenent to enter the tenants immediate living area without the tenants conscent? Regardless if by force or by key? And if not is the a oenal code or HS code that I can refer to on the matter?

Signed,
A friend of a guy I know....
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Old 06-21-2014, 12:30 PM
 
Location: Riverside
4,088 posts, read 4,388,688 times
Reputation: 3092
Quote:
Originally Posted by bda714 View Post
I am in the Ventura County area and just have a quick question referring to a friend of a guy I know... I know nothing about law so please forgive me if this is a stupid question but I would really appreciate an urgent response as the matter is URGENT... Thank you very much!

Scenario: A renter, rents a single bedroom in a 2 or 3 bedroom condo. The owner of the condo lives on the property and the tenant rents a bedroom that is connected to the main living area. The bedroom, while it is connected, does have locks on two doors, one leading to the living/kitchen area, and the other leading to the outside of the property. The renter is the only one with access to this bedroom and is current and compliant with all rental agreements.

Question: For whatever reason, could the owner of the condo allow law enforcenent to enter the tenants immediate living area without the tenants conscent? Regardless if by force or by key? And if not is the a oenal code or HS code that I can refer to on the matter?

Signed,
A friend of a guy I know....
It's not the CA Penal or H&S Codes that are relevant, it's the 4th Amendment.

Police can only LEGALLY search your home under three conditions:

1) With your consent
2) With a warrant
3) Under "exigent circumstances"- that is, if they can articulate an emergency, that permitted an immediate warrant less entry and search.

Your landlord can't give police permission to search your quarters. Even if you are an adult living with your parents- paying rent or not- your PARENTS can't give police permission to search your room.

WARNING! That "exigent circumstances" thing can be pretty broadly interpreted by some courts. Contrary to popular belief, cops aren't stupid. They're actually pretty adept at finding a legal way to accomplish their goals.

Be smart- you don't want to make "case law".
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Old 07-04-2014, 08:51 PM
 
2 posts, read 1,994 times
Reputation: 10
Quote:
It's not the CA Penal or H&S Codes that are relevant, it's the 4th Amendment.

Police can only LEGALLY search your home under three conditions:

1) With your consent
2) With a warrant
3) Under "exigent circumstances"- that is, if they can articulate an emergency, that permitted an immediate warrant less entry and search.

Your landlord can't give police permission to search your quarters. Even if you are an adult living with your parents- paying rent or not- your PARENTS can't give police permission to search your room.

WARNING! That "exigent circumstances" thing can be pretty broadly interpreted by some courts. Contrary to popular belief, cops aren't stupid. They're actually pretty adept at finding a legal way to accomplish their goals.

Be smart- you don't want to make "case law".
Gurbie,

Thank you very much for the info, sorry i was so late to get back but I really appreciate it alot. I am sure this advice will come in handy for somebody one day, also if you or if you know anyone who would be able to recommend either a good book or reading on line that would be referring to general protection of your rights? Like I see these videos of people being stopped by cops and refusing to do everything they say and by knowing certain laws or ammendments they are able to walk free without even showing them their ID.... or is this just a matter of studyhing the constitution and amendments and law in your state? I am looking for like "a dummies guide to the political approach to staying out of jail...: haha Anyway thank you very much for the info and if you could help with the way to go about my next goal to learn these things thanks again, if not no worries you have already been most helpful
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