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

Posted on 1/31/20 at 9:14 pm to
Posted by LSUintheNW
At your mom’s house
Member since Aug 2009
37025 posts
Posted on 1/31/20 at 9:14 pm to
quote:

The landlord can give them permission to enter


Wut?
Posted by Ed Osteen
Member since Oct 2007
59347 posts
Posted on 1/31/20 at 9:30 pm to
You never give the random guy asking about drug warrants good info
Posted by Gatorbait2008
Member since Aug 2015
29724 posts
Posted on 1/31/20 at 9:31 pm to
If you rent a room they probably still would need a warrant to go in that. Much less a home. No way they can come in without an emergency or warrant.
Posted by Roll Tide Ravens
Birmingham, AL
Member since Nov 2015
51956 posts
Posted on 1/31/20 at 9:34 pm to
Primarily, yes there must be a warrant. However, if a search is incident to an arrest inside the person’s home (which itself requires an arrest warrant), is conducted with consent, or there is some emergency circumstance where getting a warrant first is not practical, then they may enter your home and conduct a search.

Entering someone’s home to arrest them requires a warrant.
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
151577 posts
Posted on 1/31/20 at 9:37 pm to
quote:

We were accused of trafficking cocaine
it's snowing
Posted by Lynyrd
Under the Tilt-a-Whirl
Member since Jun 2010
13388 posts
Posted on 1/31/20 at 9:39 pm to
quote:

We were accused of trafficking cocaine


Parking my car here.
Posted by LSUFAITHFUL
Member since Oct 2007
1089 posts
Posted on 1/31/20 at 9:54 pm to
If by narc, you mean an undercover agent...no. They don’t need a warrant if you invited them in to do blow, buy blow or sell bell. If they are executing a search of your premises, they need consent or a warrant. Consent cannot be given by the landlord. Consent can be given by anyone who lives there (not just the person who signs the lease). A roommate can give consent to search common spaces, but not your shite (like your room, closet, bag).

Landlord being subpoenaed doesn’t mean landlord is being asked to let them in your apartment. It means they are being ordered to appear somewhere to give information to the DA.
Posted by Tunasntigers92
The Boot
Member since Sep 2014
28325 posts
Posted on 1/31/20 at 10:03 pm to
Grand jury
Posted by LSUFAITHFUL
Member since Oct 2007
1089 posts
Posted on 1/31/20 at 10:03 pm to
...which probably means...they fixin to get an arrest warrant or search warrant...or both. Not looking good for you.
Posted by LSUFAITHFUL
Member since Oct 2007
1089 posts
Posted on 1/31/20 at 10:05 pm to
Yeah. You are fricked if they are already presenting to a grand jury. They got enough on you already. You better hire a lawyer.
Posted by FAP SAM
Member since Sep 2014
3264 posts
Posted on 1/31/20 at 10:47 pm to
quote:

We were accused of trafficking cocaine
Well, were you?
Posted by xxGEAUXxx
minneapolis
Member since Dec 2012
1347 posts
Posted on 1/31/20 at 11:00 pm to
4th amendment. Landlord can give permission to search. But LEO cannot go in without consent of the owner/renter, exigent circumstances or a warrant.


That will be $1,000,000.00
Posted by The People
LSU Alumni
Member since Aug 2008
4461 posts
Posted on 1/31/20 at 11:11 pm to
Unless you are a supplier, the name of the game for narcotics cases is seizure.

Seize your drugs or cash and use the pending/potential legal consequences for leverage to gain information on the next guy up. On to the next one. And next one.

Narcotics Detectives make a lot of cases. Unless you are the guy in your neighborhood city, Narcotics Detectives don't put in a lot of meticulous effort to make sure the case will stand up. Lots of lee way for both investigators and the prosecutors to throw the case out when the victim is society.

With that said, if you get your stash and money seized enough or get tired of going to jail and the expenses that go with defending yourself, you will get taken out of the game or leave on your own accord.

This post was edited on 2/1/20 at 6:12 am
Posted by supadave3
Houston, TX
Member since Dec 2005
32420 posts
Posted on 2/1/20 at 11:16 am to
quote:

We were accused of trafficking cocaine



When I think 'trafficking', I think very large amounts. When I think 'distributing', I think amounts for personal usage.

Not sure if what I think is correct.


So when you say 'trafficking' cocaine, how much are you talking about?
Posted by Megasaurus
Member since Dec 2017
1665 posts
Posted on 2/1/20 at 11:56 am to
generally speaking, law enforcement needs a warrant to enter your place, regardless of rent or own, unless there was some sort of legit emergency for them to enter..an example would be to stop a violent crime in progress of if the place is on fire/ medical emergency..that sort of thing. A landlord cannot give police "permission" to search an apartment owned by them and rented/leased to someone else. If that were the case than that "landlord" would lose everything they own, period and you wouldnt even need a "great" atty. to accomplish this..its not like tv and is a very big deal...

**FREE TIP**
if a person is being pursued for something like trafficking cocaine, the cops that would be involved in that would not be dealing with a landlord. If they are trying to put someone in prison for a very long time (which is typically the goal of "narcs") then their methods will be "crafty" and not some bullshite that will get picked apart by even some low level ambulance chaser



If one were charged by a grand jury for trafficking cocaine then that person would have much more to worry about regardless of the legal ways a "narc" can enter their place..if taking this internet story at "face value" then that person should also know that the case was made before they showed up at the place with or without a search warrant..go look up the trafficking statute under us code that the person was charged with... it will be plain as day to see what one is being accused of doing and what it takes for that accusation to be made. good luck



This post was edited on 2/1/20 at 12:09 pm
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