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re: OT Lawyers: Do narcs need a warrant to enter your apartment?

Posted on 1/31/20 at 8:45 pm to
Posted by tLSU
Member since Oct 2007
8691 posts
Posted on 1/31/20 at 8:45 pm to
It's not whether the landlord can enter to determine if there's a lease violation. It's whether the landlord can give consent for the police to search the tenant's space without the search being suppressed.

Those are very different things.
Posted by Jimbeaux
Member since Sep 2003
21962 posts
Posted on 1/31/20 at 8:46 pm to
If a landlord enters without permission, but discovers contraband, the landlord can report that to police who can then do a search. Since the police didn’t instigate the search until after they received the probable cause information, fruit of the poisonous tree does not apply and the evidence is admissible.
This post was edited on 1/31/20 at 10:44 pm
Posted by FalseProphet
Mecca
Member since Dec 2011
11723 posts
Posted on 1/31/20 at 8:48 pm to
The narcs will just wait for you to leave your 4/10 side piece at home while you run out for smokes and get permission from her.
Posted by Jimbeaux
Member since Sep 2003
21962 posts
Posted on 1/31/20 at 8:50 pm to
quote:

It's not whether the landlord can enter to determine if there's a lease violation. It's whether the landlord can give consent for the police to search the tenant's space without the search being suppressed.

Those are very different things.



Agreed. But what does the OP want to know? Does he want to know if a landlord can work around the law to bust a tenant they suspect has drugs? The answer is yes, pretty easily.
Posted by Tunasntigers92
The Boot
Member since Sep 2014
28325 posts
Posted on 1/31/20 at 8:50 pm to
They didn't enter without choice
Posted by Tunasntigers92
The Boot
Member since Sep 2014
28325 posts
Posted on 1/31/20 at 8:51 pm to
We were accused of trafficking cocaine
Posted by Eli Goldfinger
Member since Sep 2016
32785 posts
Posted on 1/31/20 at 8:52 pm to
Not if you invite them in.
Posted by UpToPar
Baton Rouge
Member since Sep 2008
23099 posts
Posted on 1/31/20 at 8:53 pm to
It’s probably best you don’t solicit legal advice on a public message board. That a recipe for getting incorrect legal advice.
Posted by Tunasntigers92
The Boot
Member since Sep 2014
28325 posts
Posted on 1/31/20 at 8:54 pm to
The landlord is being subpoenaed
Posted by Tunasntigers92
The Boot
Member since Sep 2014
28325 posts
Posted on 1/31/20 at 8:54 pm to
I'm wouldn't say I'm soliciting
Posted by OweO
Plaquemine, La
Member since Sep 2009
122534 posts
Posted on 1/31/20 at 8:54 pm to
quote:

The landlord can give them permission to enter




Good thing you know your rights.
Posted by Tunasntigers92
The Boot
Member since Sep 2014
28325 posts
Posted on 1/31/20 at 8:55 pm to
Is he wrong
Posted by OweO
Plaquemine, La
Member since Sep 2009
122534 posts
Posted on 1/31/20 at 8:59 pm to
quote:

I thought a narc was when someone tattled.


It is. Someone who snitches then becomes a CI. The OP is probably referring to police in the narcotics unit.
Posted by UpToPar
Baton Rouge
Member since Sep 2008
23099 posts
Posted on 1/31/20 at 9:00 pm to
quote:

I'm wouldn't say I'm soliciting


You asked a legal question directed towards lawyers. That’s the definition of soliciting legal advice.
Posted by OweO
Plaquemine, La
Member since Sep 2009
122534 posts
Posted on 1/31/20 at 9:03 pm to
quote:

Is he wrong


Yes, the only person who can give police, who don't have a warrant, permission to enter an apartment is the tenant (the person who signed lease).
Posted by Capt ST
High Plains
Member since Aug 2011
13718 posts
Posted on 1/31/20 at 9:04 pm to
Flush it dude, and not in the bag. Dump it.
Posted by Tunasntigers92
The Boot
Member since Sep 2014
28325 posts
Posted on 1/31/20 at 9:05 pm to
This is what I thought
Posted by Tunasntigers92
The Boot
Member since Sep 2014
28325 posts
Posted on 1/31/20 at 9:06 pm to
Are you fully aware of what the word soliciting means?
Posted by FalseProphet
Mecca
Member since Dec 2011
11723 posts
Posted on 1/31/20 at 9:10 pm to
quote:

Yes, the only person who can give police, who don't have a warrant, permission to enter an apartment is the tenant (the person who signed lease).


You know that’s not absolute, right? Apparent authority is a bitch.
Posted by UpToPar
Baton Rouge
Member since Sep 2008
23099 posts
Posted on 1/31/20 at 9:13 pm to
quote:

Are you fully aware of what the word soliciting means?


Yes.

quote:

verb ask for or try to obtain (something) from someone.


Are you not asking for or trying to obtain legal advice? By all means, go for it.
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