Can your home be searched because some one said u sell drugs with no proof

[Tryin2Live]

What is the name of your state? Rhode Island

I was at my home yesterday, I live in a boarding home. Its known for a lot of prostitution and drugs. Lately they have been puttin people out responsible for all the havoc and traffic through our building. To my suprise the owner of the building came to me and said that I was next on the list. I asked why, and he said that the police said that drugs were coming from my room as well. I've lived in a drug plagued neighborhood before and know how the police come down. I done five years and I also know what jail is like. Which sent me into a state of paranoia, not because of my guilt but because first off its almost winter and I dont want to be homeless because of heresay, however, I was wondering if they (the police) can just come in someones home just because they say that there is drugs being sold out of the home with no proof. No ones ever gotten any drugs from here and I can bet my bottom dollar (the only one I got ) on that. What is my legal rights to my privacy if again there is not one shred of proof there is and drugs coming from my home. I just need some feedback for I am lost. Thank you.

 

[CdwJava]

The police cannot generally just come in and search without your consent, exigent circumstances, or you being on probation or parole with search provisions.

All because the police think drugs are coming from your place doesn't mean they can search (legally). However, the manager of the boarding house likely needs little reason to kick you out. So, if a cop said they believe drugs are coming from your place he may be in his rights to tell you to be on your way. That will depend on the laws in your state regarding tenants.

- Carl

 

[bigdreams11]

Police need a little more evidence than just the word of someone that you sell drugs, although there's a chance a judge could sign a search warrant on just that. It's not likely but possible. In your situation it wouldn't even apply you name isn't on a lease nor are you the owner of the building. If the owner consented to a search of the building or your room then the police could search it. The only other way is if the police obtained a warrant signed by a judge. It seems to me that the owner of the building would most likely consent to a search of your room or the building as long as they have nothing to hide. You already said they wants to put you out. Make sure you do nothing illegal, and give police and the owner no reason to want to cause you any trouble.

 

[CdwJava]

While the law may vary by state, in general, if a person has sole access to a particular room (as is the case with most boarders/renters), then the landlord can NOT simply consent to a search of that room. If the boarder shares a room with others, then common areas in the room could be subject to search with the consent of another person responsible for the room.

Unless the landlord also has free access to the room, he won't be able to grant consent for the police to search it.

In this matter, only the poster knows if he has anything to hide ... if he does, time to straighten out or get rid of the junk.

- Carl

 

[hotprince951]

IS a warrant needed to enter a property.....

California- I rent a guest house on a piece of property with my landlord, but it is not attached to her house. Neighbor complained to the police that there were drugs being dealt from my room. The sherriff have come twice in one week, and found nothing. Now, The second time this happened, My landlord was not present. But they entered the property anyways, and searched my room, with my consent. and also searched an area of the property without consent from the landlord. What rights do I have or what rights does my landlord have? This is becomming a problem. At what point do they need a search warrant. Can they do that with just a call from a neighbor? TWICE?

 

[CdwJava]

California- I rent a guest house on a piece of property with my landlord, but it is not attached to her house. Neighbor complained to the police that there were drugs being dealt from my room. The sherriff have come twice in one week, and found nothing. Now, The second time this happened, My landlord was not present. But they entered the property anyways, and searched my room, with my consent. and also searched an area of the property without consent from the landlord. What rights do I have or what rights does my landlord have? This is becomming a problem. At what point do they need a search warrant. Can they do that with just a call from a neighbor? TWICE?

They cannot search your room without your consent. Since you have access and use of some of the common property, you may grant permission to search the common area in the yard ... this is an arguable issue, but should be lawful.

No, they can't just search your room solely on the basis of a call from the neighbor regarding their suspicions.

Oh, and start a seperate thread if you wish to continue this discussion. This is someone else's topic.

- Carl