That’s probably not going to fly. Your landlord or his agent (in this case, his son) has only limited access to your home for specific purposes, such as emergencies or maintenance (with notice). and cannot grant access to others or act for them in accessing your home. Going in at the request of the police makes him an agent of the police, so the same rules as for the police themselves apply. Once they cleared the scene after serving the warrant the cops needed another warrant to go back in. Your lawyer should be able to get whatever they got the second time excluded.
As the other’s have said, have your lawyer take it to court, and have the results of the second search excluded.
COMMENT #2
Make sure to request absolute action of this from your attorney.( Most ppl donot realize that if the defendant doesn’t know what rights or laws may or may nor apply to their person no one will tell you till it’s to late to bring to the courts attention and watch you go down in flames knowing you could have loop holed and let youth get fcked over).
Ya mean make a motion to suppress the evidence ya don’t just “Get the results excluded”. It’s a court not a McDonald’s drive thru.
I actually checked on this, though this happened a few years back in the State of Florida where it happened, I checked on this statute and if you are renting a room in a house that is not a boarding house and the owner of the house is a live in resident, and there’s no lock on the bedroom door which there wasn’t on mine, the police can ask permission from the owner of the house as long as the owner is present when asked. Now if it’s a born house where multiple rooms are being rented out, Or an apartment that changes the situation entirely.
COMMENT #6
Yes. It makes him an agent of the police and the same rules apply as if he was a cop.
COMMENT #7
If during a search, they find something else that could be found while searching for original items, they can also seize that also. Poster did not mention what was seized first time or second time by landlord son, can make a difference.
You got it Wrong….They can and do illegal searches everyday. It’s up to you to get the evidence tossed out as illegal fruits of a poisoned tree.
Landless cannot give permission, they can allow access only if a valid warrant is served.
COMMENT #11
4th Amendment considerations depend primarily on past decisions by federal circuit courts and the US Supreme Court. Permission by the owner or the person who lives there come first. That is the best entry into a home that there is. Permission.
COMMENT #13
Actually, that’s not true!!!! The controlling law is constitutional law i.e., Federal Appellate Court i.e., United States Supreme Court!!!! There are a plethora on this subject matter!!!
COMMENT #14
I would have been petty and made the replace the candy
COMMENT #15
Nope. Absolutely not. Even a landlord cannot let the police inside a house or apartment. The 4th amendment is strongest at your house & the area immediately surrounding your house, even if you rent it.
COMMENT #17
Was the thing that they found out in the open, or was it put away in a closet. And was it around the same size as the thing they was looking for. If it was bigger they don’t have a case. And they cannot have the owner open up your house that you are renting. If they pick up your belongings without your knowledge, and give to the police, that should be considered theft.when the police use a search warrant it is specific in what they were looking for, if they arrested you for something not on the warrant they would have had to get another warrant to take what they arrested you for, did they, if not you might have this whole thing squashed.
Police absolutely are held and restricted to what the warrant is for in regards to gathering evidence.. if you are searching for firearms/components and ammunition.. And find narcotics… You would need to draft another search warrant for illegal drugs if you wished to seize them as evidence, unless they were in plain view and were un-disturbed before discovery …but to seize items that were not in plain view that were uncovered while searching for something else, or to further search for items that were observed in plain view separate of what the original warrant was for, a separate search warrant must be obtained for that category of items
Were you on probation or parole at the time… If you were, your rights to privacy aren’t there…
I’m just wondering, if true, why would the landlord send his son, instead of him doing it…
If you are on probation or parole you have probably voluntarily given up your 4th Amendment rights. That’s the most common condition. So permission would not be necessary.
People have lives. Businesses to run. Sending the kid on an errand is common.
This makes zero sense! The landlord could now want the OP out and could plant incriminating evidence in what the police were asking for. Definitely not a clear chain of evidence which is very suspect.
The landlord should not be handing keys to the cops unless they have a search warrant.
Keys are simply a means to gain non-disruptive entry, it is the use of them to gain entry that constitutes a legal or non-legal act. If a policeman asked you to hand them your gun, there is nothing illegal in you complying, if they then plug someone with it, it would depend on whether that was legal or otherwise but not to do with you. In this case the landlord’s son apparently went in and that is the issue for the landlord
Your Rights under the 4th Amendment of the US Constitution have been violated. Obtain an Attorney.