if the police come to my residence stating that they want to ask some questions regarding some items left in our communities parking lot, and i refuse to open the door do the police have the right to call my landlord and get the key from her and open my door anyway? i didnt want to answer the door because i have a misdemeanor warrant in a neighboring county and didn't want to be arrested.
so I was arrested and charged with resisting arrest, obstruction and giving false information to a public official. My boyfriend was taken in too. they said he had a d.o.c. violation warrant, but it was bogus and he was released the following day. My charges were dismissed this past week. The officers also took things they said were stolen, such as tools and bicycles. I have no info on what happened to this stuff. Can I sue them? Can I sue the landlady for giving them the key to get in?
Criminal Defense Attorney
No the police do not have the right to enter just because a landlord tells them they can. As a tenant you have a separate property interest in the premises and a separate expectation of privacy. Only you can consent to giving up those rights, not your landlord.
Landlord / Tenant Lawyer
I agree with the previous poster. Your landlord's only right of entry is to give you 48 hours notice of intent to inspect, or if you invite the landlord to enter (e.g. to repair something). If the police want you to open your door and you do not choose to do so, the police cannot get the keys from your landlord.
Been to court on this one. Elizabeth Powell