picking a lock on my room that i rent

[nikkified2005]

California The cops had come up on some one that was parked in the culdesac by our house and searched his car supposably the person said that he was there to buy drugs from our house so immediatly after searching his car they came to our house beating on the door the owner of the house our roommate answered the door and let the cops come in the house we were in our locked bedroom that we pay rent for sleeping and the cops beat on the door and then when they didnt get a response they then picked a butter knife up a proceeded to try to pick the lock. when they didnt suceed at that they then went around to the side of the house and climbed up a ladder and tried to come through the window that was opened to my bedroom they stopped when they seen my dog was growling at them on the bed. I had awaken by then and went out of my room to see what was going on they didnt search the house just wanted everyone that was in the house out and then they left after warning us that the next time would be the task force please tell me if trying to pick my bedroom door was legal to try to get into my room while i was sleeping thank you

 

[BelizeBreeze]

In all states, if the owner of a house allows the police to search in a room, even if locked, it's legal, and any evidence obtained is admissible in court. Again, the owner must consent.

NOT CORRECT. Any person in control of the residence or who police reasonably believe has control may consent.

Whether or not evidence is admissible is a matter of fact for a judge. In this case anything found in plain view would have been admissible but NOT in drawers or closets (closed) or other areas not readily accessible.

Even though you rent a room from an owner of an entire house, he may consent to the search of any part of the house. An officer may do so under what is called exogenous circumstances (in this case a drug offense is occurring in the bedroom) without a warrant.

Where do you get this stuff.

Exigent circumstances is defined as Emergency conditions.
'Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.' United States v. McConney, 728 F.2d 1195, 1199 (9th Cir.), cert. denied, 469 U.S. 824 (1984).

It is questionable if such a case can be made on the statment of a person parked outside a cul de sac intimating that they were coming to buy drugs in a home.

However, a case can be made for investigation of the claim in which a plain view search of the premesis is allowed. Anything more would require a warrant.

Regardless, there are not enough facts to decide one way or the other if the actions of the officers was warranted except to insure their own safety. Anything more would fall under the scrutiny of the court.

 

[CdwJava]

Only if there was some exigency to justify the warrentless entry would the search of that locked room be valid. Unless the occupant was an unwelcome intruder, the police coul dnot force entry without some good cause.

I suspect there is much more to this than meets the eye.

- carl

 

[BelizeBreeze]

I suspect there is much more to this than meets the eye.

- carl

Nawwwwww. That NEVER happens here

 

[nikkified2005]

can the owner of a house give permission to search a rental

So you are saying that if i rent a house the owner of that house can give permission to search my home that i am renting from him/her?
What would be the difference between the renting of the whole house as opposed to the renting of a portion of the house, such as my room. All MY belongings are in my room and no where else in the house. And what if it were just roommates living in the same house and none of the occupants owned the house just all split the costs of the rent?
Once we opened our door to our room and came out they didnt go into our room they just had us come outside and then told us that they were not going to arrest us for our misdomenor warrants and that they would be back the following day to write us a cite and release ticket for them which infact they did not come back the next day to do the cite and release. It was all weird and totally uncalled for i dont do drugs nor have i ever been arrested for anything other than driving on a suspended and actually never arrested just cited and released and ive never been to jail so priors wouldnt be a factor in this case either

 

[BelizeBreeze]

So you are saying that if i rent a house the owner of that house can give permission to search my home that i am renting from him/her?

Yes

What would be the difference between the renting of the whole house as opposed to the renting of a portion of the house, such as my room.

no difference. Read my reply again.

All MY belongings are in my room and no where else in the house. And what if it were just roommates living in the same house and none of the occupants owned the house just all split the costs of the rent?

no difference. read my reply again.

Once we opened our door to our room and came out they didnt go into our room they just had us come outside and then told us that they were not going to arrest us for our misdomenor warrants and that they would be back the following day to write us a cite and release ticket for them which infact they did not come back the next day to do the cite and release.

irrelevant

It was all weird and totally uncalled for i dont do drugs nor have i ever been arrested for anything other than driving on a suspended and actually never arrested just cited and released and ive never been to jail so priors wouldnt be a factor in this case either

and that is NOT the point. The officers had a reasonable belief that a crime was being committed and had a right to protect themselves while they investigated.

Your 'locked' door was interpreted as a threat that needed to be further investigated. That need was erased when you exited the room.

Would you like to question someone with a locked door behind you only to find some deranged idiot with a shotgun was coming out blazing?

I think not. And THAT is why this incident occurred.

Now, it's time to stop the bellyaching.

 

[CdwJava]

So you are saying that if i rent a house the owner of that house can give permission to search my home that i am renting from him/her?

NOT in California, he can't!

YOU have an expectation of privacy in that room. Unless the owner of the house has free access to that room and that owner is on Probation or parole with search conditions, the police are not going to be able to force entry to the room without a warrant, consent, or exigent circumstances.

If they had a valid arrest warrant for you, and it was endorsed for night service (at least I presume this was night time as you say you were sleeping), then they could generally force entry to your room if they had good cause to believe you were present. If they did NOT have a night service endorsement, then they would not generally be able to force such entry. (Most bench and misdemeanor warrants are not good for night service - felony warrants are good most any time.)


- Carl