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search warrant for the landlord

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blackfeline

Guest
New Jersey

A search warrant was issued to search the property of a landlord who is a suspect in a investigation. The problem is that the landlord does not live on the property. A tenant does. The warrant stated the property to be search and did not list the landlord's name. It was worded in such a way as if no one lived at the home. The police won't release the documentation which contains the probable cause as to the tenant's home was search. They took alot of tenant's personal things and will not say anything. Can the police search a tenant's home in pursuit of the landlord? I really need to know this answer.
 


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Vincent Cosent

Guest
A landlord or his agents may not consent to the search of rented premises occupied by a tennant.
The Fourth Amendment specifically describes the type of warrant that will authorize a valid search and seizure. It must be based "upon probable cause, supported by oath or affirmation, and particulary describing the places to be searched, and the persons or things to be seized."
Also the correct address of the place to be searched must be present. Based on this I would advise you to get an attorney.
 
B

blackfeline

Guest
Search warrant for landlord's property

I know that a landlord cannot give permission to search a tenant's home.

In this situation, the search warrant listed only the address of the house to be search and not the name of landlord (who is the property owner of the house). The landlord/property owner is a suspect in a criminal investigation, not the tenant.

I believe that the police knowing that tenants lived there, intentionally deceived the judge by not telling him that people(the tenants) were living there. During the search they could not find any evidence of criminal wrongdoing by the landlord so they seized property of the tenants who are not suspects in the criminal investigation since they are required to report back to the judge of what was taken.

In yesterdays newspaper of USA Today, the colorado supreme court made a ruling against the police and a search warrant that took evidence from a book store not involved in a crime yet sold books to suspects involved in a crime.

There should be a clear line between tenants and landlords.
 

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