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Can someone else let the police into your home?

On Behalf of | May 8, 2023 | Criminal Defense |

If you’re under investigation for a crime, you may know that the police want to search your home. They believe that they can find evidence. However, you haven’t given them your consent, so they would need to get a search warrant. You also know that they don’t have that warrant, so you’re not that worried about a search.

But what if someone else gives them consent? For instance, maybe you’re renting a home from a landlord. That person technically owns the property. Could they give the police consent to search the home when you’re at work or otherwise not on the property?

They cannot give permission to your private unit

In some cases, landlords can give permission for the police to enter a building if it has common areas. Maybe you live in a multi-unit building with a lobby. The landlord certainly has the right to allow the police into the lobby or other communal areas where no one will have an expectation of privacy.

Of course, this isn’t where the police want to search anyway. They would be interested in your specific unit, and that is where you do have this expectation of privacy. That is your home, not the landlord’s, even though they own the house itself. As such, landlords, generally cannot allow the police to enter someone’s home. The police would still need to get your consent or get that search warrant. If they search the house based solely on your landlord’s permission, that could be a violation of your personal rights.

Do you believe that the police violated your rights when conducting their investigation? If so, you need to know about all the legal defense options at your disposal.

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