Can a police officer enter your dwelling with a property maintenance person to gain acess?
Find answers to your legal question.
Can a police officer enter your dwelling with a property maintenance person to gain acess?
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Michele A
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If police knock and ask to enter your home, you may refuse to admit them without a warrant signed by a judge with one exception — in some emergency situations (like when a person is screaming for help inside, or when the police are chasing someone) officers are allowed to enter and search your home without a warrant. Also they Can enter if there has been a question about your well being. Meaning someone has called and stated they haven't heard from you in some time and are concerned. Hey using a key is much better than replacing a busted down door. |
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utke8482
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Legally...no. If you are renting an apartment and the police gain access without a warrant by way of your super, that is unlawful, and the fruit of the search would be inadmissible in court. In order for a lawful search to occur the police must have one of the following: either probable cause that a law is currently being violated, a bench warrant signed by a judge, or your consent. |
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bradship4u
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With a warrant yes. |
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tony c
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depending on the reason for access he can enter a dwelling WITHOUT a property maintenance person. |
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joeanonymous
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Depends on the situation,
If it is a life and death issue yes
If they have a warrant, yes |
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cptv8ing
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The maintenance man can only enter your residence in case of an "emergency" that is going to damage the property or the safety of the other tenants, or if you called him. He can not enter your apartment at will without notice or permission let alone bring someone in with him, definitely not a cop. The only way that the maintenance man should have done this would have been if the officer had a warrant and so to keep the door from being kicked in then he would give entrance. However, you can sue the management for this if it has caused you in sort of problems. |
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janice h
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They would need a warrant except under two conditions. These would be probable cause or to check on your welfare. That is someone has called and said they were worried about you because you haven't been available for an extended period. I believe these are the only exceptions. |
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*****
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Only in cases of emergency, probable cause to do so, with a warrent, or if you rental contract allows your landlord, or his rep. to enter your premises. |
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gablueliner
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Your question is way to vague. It depends on why he/she needed to gain access in the first place. Why don't you add some details to your question? |
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bostonianinmo
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Only with a warrant or probable cause. |
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justanotherengine
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Only with probabal cause, or a search warrant, otherwise it is thrown out in court, This stems back to colonial days when the British would kick in colonist's doors searching for weapons, someone said "Make a note, this type of thing won't go on when we start our own country" ! |
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Mugsy's Place
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This would depend on the reason, lets say some one reported that they have not scene the person in days, then yes he can enter. If he had an arrest warrant he can enter, if he could hear some one calling for help he could enter, he is not going to enter for the hell of it. |
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Mary
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I think they have to have a search warrant |
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I_didn't_do_it
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According to my criminal justice classes, any person who is in authority on the property has the right to consent to allow police to enter. Whether it's the gardener, plumber, babysitter, wife, friend, roommate, whatever. If you leave them in authority, they can say yes. |
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wildflowerrb
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all this talk about can a cop do this or can they do that?
a policeman can and will do anything they want to do...what are you going to do? call the cops on them? |
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?
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yes |
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"Cowboy"
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Maintenance man can enter your dwelling but has no right to bring anybody else with him there for anything found in your apartment is inadmissible in court !! |
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madamspud
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Depending on the reason they need access YES. |
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