Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law Enforcement & Police

A cop says I have no rights?
Find answers to your legal question.





A cop says I have no rights?

There are a few cops that hold a grudge against me. They often tried to get into my apartment and I told them they need a warrant cause of the 4th amendment. They told me since I live in an apartment building that the 4th does not apply to me cause all they need to do is call my landlord for the spare key and call code violations through the city to get in....

Is there any truth to that?







frankiee
No.
Punch him in his mouth


Phil McGroyen
No. They still need a warrant for an apartment.


Pat
Rating
you have very little to worry about

























































zzzzzzzzzzzz







Don't worry be happy


Obvioustrollisobvious
Rating
They still need some warrant or permission from the landlord or yourself to get in, unless there is a real need to get in, like somebody dying.


HEY YOU
Rating
you should record the cop's convo and then make copies and send it to superiors and the chief of police. see what they say.


Poppy
Rating
They can do that, will it stand up in court? IDK. You create suspicion when you deny them a looks see. No worries, keep not letting them in they will eventually develop a case against you. You have your rights.


Andre
yea since the landlord is the one who really owns the building all they have to do is ask for the landlords permission i think n it wont be against the law if u owned the house though then yes theyd be violating the amendment n u could probably sue


Gunner221
Your apartment is your home, You have the same rights to privacy as anyone else, A warrant is needed before a search can begin. If this happens then contact the department for an explanation or to file a complaint.


houseman2012
The apartment owners permission is definatly required. They still need due process to impose against the land lords permission. So if they called the landlord and he said go ahead they can barge right in. I know there is some sort of stipulation to this but i don't know what they are. They probably need to provide ample proof that these measures were taken in order for it to be a legal search.


Jay
The landlord can enter your apartment at anytime so if the police accompany him/her that would be a different story. However if they seize anything that is going to be used against you in court then there is no doubt that it would be excluded from your trial because of the lack of a warrant.

You must have quite a record if you have police officers holding grudges against you. I never met a police officer before I entered the academy.


Billy Bob
Not true.

Jay says, "The landlord can enter your apartment at anytime", this is also false.


suroot4all
Rating
There is *some* validity to their statements. The problem comes in with the fact that you do not own the apartment, but your landlord does own the apartment. Because of this, he can theoretically give permission for them to search it without a warrant. The courts have ruled that this only applies to hotel rooms, however, and not rented property. So unless the prosecutor was really good and able to somehow convince a judge that an apartment is a hotel, they cannot search your apartment without a warrant.

The code violations presents an interesting point though. I suppose it would be possible for them to get the landlord to open the door for the code violations and then everything in 'plain view' would be fair game. If you had a good lawyer though then all he would have to point out is that the police generally do not enforce code violations in this fashion, and that they had an obvious 'grudge' against you. Of course at this point, they already would have gotten into your apartment. If you don't have anything to hide, then the point of the lawyer is irrelevant because they wouldn't find any evidence anyway.

If it is an issue, then contact a supervisor. As much as some people would love to say it is, the USA is not a police state. Someone will listen to your story and if it is valid then something will be done.







Legal Discussion Forum

 I ran my mouth to skinheads and KKK.?
I was on the internet and I ran my mouth to some skinheads and KKK here in Houston I told them to come where I work and that I had friends in a hispanic gang and that I could beat up 10 skinheads ...


 Is it true in America there are female police officers?
...


 Can a police officer be gay?
I am interested in becoming a police officer. I just want to know can police agencies hire gay people. and can they fire anyone for being gay. Texas....


 My friend was given a speeding citation for going 37mph in a 35 mph zone, is that reasonable?
Is that to promote save driving, or abuse of police powers, or used as a cash drawer for the county?...


 I have a warrent & I leave for the Navy Dec.4?
A police officer called my house and said I have a warrent for an unpaid seatbelt ticket and i'm leaving for the Navy Dec.4. So does anyone know what will happen to me when I go pay it and will ...


 What u think about terrorism?
...


 My dad gave me a handgun, does it need to be registered in Ohio?
...


 What is your favorite bedside buddy?
I like a .38 spl snub, 5 shot....


 attorney talk for you incourt?
in court and both sides have attorney mine is paid for hers is court appointed ..can i remain silent and does my attorney do all the talking for me ? because i get nervous when i speak .  and im ...


 Do you get nervous driving when a cop is following you when you havent done anything wrong?
...


 The Police motto used to be "To serve and protect". What is it now?
Cuff and Incarcerate?...


 Have the police ever drove around the negborhood with sniffing machine to zero in on marijuana house?
I think it would work....


 Should non-citizens be treated the same as US citizens when arrested?
Last Summer (2007), a man named Reyes with no drivers license, no insurance, driving an unsafe vehicle caused the death of 2 New Castle
Citizens. Reyes was arrested then released a day later. T...


 child molester moved?
my daughter told me that her father has been doing nasty things to her. we reported it to the sheriff and now there is an investigation. i don't know if the father knows yet, but i have just ...


 Is huffing gasoline legal in the state of Florida?
...


 Why are officers and bounty hunters that do there job going to jail?
An illegal imagrent can come over here and not even get deported back to there country but if i boarder patrol officer that is doing their job goes to jail if they have to shoot an imagrent to ...


 Do You Think It's A Good Idea For Every Citizen To Be Able To Carry Guns?
Pending their criminal history or mental illness... do you think it would be a good idea for US citizens to be able to own and carry firearms?

If it were possible do you honestly think ...


 Ex-girlfriend says I'm stalking her?
My ex gfriend filed a civil stalking order with the court because I called her 3 times after we broke up. I got a call from the police dept and they told me not to contact her again so obviously I ...


 Am I A Victim of An Illegal Arrest?
My so called cousin went out the house got arrested by some narcs from a different city bought them into my house where they just walked in not identifying theirselves and said they will tell me ...


 Did you hear about the cop in Baltimore who wrestled the skateboarder to the ground for calling him "dude"?
I hate it when cops misuse their authority....




Copyright (c) 2009-2013 Wiki Law 3k Thursday, May 23, 2013 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.064