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Sunday, December 4, 2011

Can a Landlord Consent to a Police Search of Your Apartment?

In Minnesota, a third party can consent to a warrantless police search of your apartment only if the person has the right to mutual use and joint access to the premises. A roomate, for example, would have the authority to consent to a warrantless police search of your apartment.

A landlord, on the other hand, does not have the authority to consent to warrantless search of your apartment by the police. This is because a landlord does not have the right to mutual use and joint access to your apartment. Even though a landlord may reserve in the lease the right of entry into your apartment for a specific purpose, the landlord does not have the authority to consent to a warrantless police search. The only circumstance that would allow a landlord to consent to a police search of your apartment under Minnesota law would be in the case of abandoned property.

If you or someone you know has been charged with a crime based on evidence obtained in warrantless police search of your apartment, you may be able to suppress the evidence and dismiss the criminal charge based on an illegal search and seizure. Call criminal defense attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information at www.criminallawyerminnesota.com.

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