Police enter apartment without warrant (renting, buying, activity)

[1AngryTaxPayer]

That is scary and could end up getting someone shot.

[eastcoastbias]

With no warrant you need probable cause (reason to believe a crime is committed) and typically an exigent circumstance (exceptions) to not taking the time to get a warrant.


Is it worth the fight though?

[mixxalot]

well the cops were nice and chill about it so not really big deal but wanted to know if they over stepped their bounds. Seems more like issue with overzealous landlord than anything.

[AADAD]

so if I understand please correct me. you were asleep and your music was very loud and they could not find out if you were ok by knocking or calling your phone so the landlord let them in? Is that correct?

[oddstray]

Originally Posted by eastcoastbias

With no warrant you need probable cause (reason to believe a crime is committed) and typically an exigent circumstance (exceptions) to not taking the time to get a warrant.
. . .

Not true. If the cops ask and are given permission, they may enter any place. That's what makes this complaint against the landlord rather than against the cops. Typically they'd have to ask any resident of the premises - not just anyone off the street. But in this case, since there was no response when they knocked, they did the next best thing and asked the landlord for the permission to enter.

[eastcoastbias]

Originally Posted by oddstray

Not true. If the cops ask and are given permission, they may enter any place. That's what makes this complaint against the landlord rather than against the cops. Typically they'd have to ask any resident of the premises - not just anyone off the street. But in this case, since there was no response when they knocked, they did the next best thing and asked the landlord for the permission to enter.

That's not true. Police should have made a further inquiry into who occupied the dwelling.
They need a warrant or permission from the tenant.

If this guy had a roommate and the police asked to search-they could enter and search just the common areas of the home.

Need a warrant.

A LL may enter if there is an emergency like a gas leak water pipe burst but giving permission to the police. Probably won't fly.

What do I know though I am not an attorney

[mixxalot]

Still seems like a convenient way to bypass 4th amendment rights:


The "welfare check"- convenient police tool to skip 4th amendment, page 1

[pgrdr]

Originally Posted by Cardiff Kook

My neighbors don't have a key to my house and likely never will. If you own your own place you won't have to worry about a landlord letting people into your place. Period. And the cops won't break down your door for a minor noise violation.

Whether or not the tenant has a legal right to the unit is irrelevant to the point I was making. Own your own place and you don't have to worry about the cops being let in by a landlord..

Owning your own place is irrelevant to this topic. The topic is the question asked by the OP and it included nothing about owning one's own place.

[pgrdr]

Originally Posted by mixxalot

Ok so I've been taking medication since my hearing is whacked for few days. I had my music on in the living room in late morning. Wake up by cops in my bedroom for noise complaint how bizarre! So I asked apartment manager what the deal was since police should not have right to enter my place without a warrant for a noise complaint. Anyways, the apartment manager replies to email saying he was concerned and let the cops in my place to make sure I was ok. But then why would he do this? Is it legal? My understanding is that even if my noise is loud in middle of day and I am asleep and don't answer door or phone they should not have cops entering my bedroom and apartment on a silly issue. What are my options? Fortunately the cops did not write me a ticket for it and were good about things and just turned off my music.

Noise or no noise, I question whether either the cops or the landlord had the right to enter your residence. If the music was blasting for days, then I could see a landlord checking to see if a tenant is okay, but not for a few hours.

That apartment or house is the home of the renter every single day it has been paid for. A landlord doesn't have the right to enter a tenant's premises without advance notice (depending on state or county laws, it is usually 24 to 48 hours and must be for specific reasons that have to do with maintenance and repairs of the property).

Cops don't have the right to enter without a warrant or genuine probable cause for believing someone is in danger or a crime is taking place. A loud radio for a few hours and no response from the tenant is more likely to mean the tenant is asleep or not home, so it doesn't seem worrying about the safety of the tenant is a genuine probable cause.

Regardless of whether the tenant is asleep or not at home, neither circumstance gives the landlord the right to use his or key to violate the tenant's space and privacy. Instead, the landlord would write an official report of the complaint and a warning and leave it for the tenant.

The police should tell the complaining neighbor they can't do anything at the moment because they cannot reach the tenant, but if the problem continues as a pattern, to call them again and they will return. A one time noise complaint doesn't warrant invading the home of the renter. Still, the criminal justice system in the U.S. is such a broken mess these days, cops do whatever they want and usually get away with it.

[GuyInSD]

Read this:

"1954. (a) A landlord may enter the dwelling unit only in the following cases:
(1) In case of emergency.
(2) To make necessary or agreed repairs, decorations, alterations
or improvements, supply necessary or agreed services, or exhibit the
dwelling unit to prospective or actual purchasers, mortgagees,
tenants, workers, or contractors or to make an inspection pursuant to
subdivision (f) of Section 1950.5.
(3) When the tenant has abandoned or surrendered the premises.
(4) Pursuant to court order."