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  1. #1
    Join Date
    May 2011
    Location
    Switzerland
    Posts
    2

    Default Can a Landlord Allow Police to Search Your Apartment

    My question involves police conduct in the State of: New York

    Hi,

    If the police enter my premises because the landlord let them in and they were searching for my brother, who also lives there, and they happened to find my drugs in the apartment, would they be able to arrest me and would the drugs they find be admissble in court?

    On the one hand they have entered illegally, because the landlord has no right to let them in. But the reason they entered was nothing to do with the drugs. They entered because they were looking for my brother who also lives in the apartment. And the drugs were in a communal part of the apartment.

    Thanks,
    Ant

  2. #2
    Join Date
    Sep 2010
    Posts
    18,915

    Default Re: Inadmissable Evidence Due to

    Why were they looking for your brother? Did they have a warrant for his arrest. If they did they could have broken in even without the landlord's assistance if it were legal. Did they find your brother there? You need to be talking to an attorney to see if the situation does indicate the evidence should be suppressed.

  3. #3
    Join Date
    May 2011
    Location
    Switzerland
    Posts
    2

    Default Re: Inadmissable Evidence Due to

    No sorry, I didn't make that clear. They had no warrant for his arrest, nor to enter the premises. They didn't find him there either. The reason they were looking for him was unrelated to my drugs.

    So as far as I can tell, their entering was not legal. And my drugs were totally unrelated. So surely, they can't try and have me prosecuted.

  4. #4
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: Inadmissable Evidence Due to

    It sure sounds like an illegal search to me, assuming you have a normal lease.

    Even if your lease allows your landlord to enter your apartment, that is normally only for inspection purposes. Allowing police to enter your apartment is certainly not for inspection purposes.

    On the other hand, police obviously sometimes do illegal things, and the D.A. could press charges against you. Police have even been known to lie about why they did things. So the situation might be more serious for you than it ought to be.

    I suggest getting a lawyer.

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