Today I stopped by a freind's business and a sherriff's SUV pulled in behind me and asked if I had seen a former boyfiend of mine because he is behind in child support. They further told me that they have been in my apartment numerous times when I am not there to see if he is, apparently, and that my landlord has been letting them in. They have also been following me around I guess! I was never married to this person. The apartment lease is solely in my name . And I have never in my life been in trouble with the law! Is this legal?? Help me!
2007-10-01 08:39:04 · 16 answers · asked by L A Woman 2 in Politics & Government ➔ Law & Ethics
Found something very interesting...
They cannot enter your apt.
Call a lawyer!
2007-10-01 08:50:12 · answer #1 · answered by ? 7 · 1⤊ 2⤋
Neither the landlord or the police have a right of entry into your appartment unless they have a warrant. They wouldn't need to go inside to see if you boyfriend was there, they could knock on the door and see if anyone answers or ask the neighbours if they had seen him around.
There is no law against lying (it's not fraud if no money is involved). Cops can and do lie sometimes when they are conducting an investigation. I would guess that's what they are doing here.
2007-10-01 08:52:55 · answer #2 · answered by Ben O 6 · 0⤊ 2⤋
They might just be lying to you to have you tell them where he is. They do that you know.
If your boyfriend has a warrant out for him then they could get the landlord to open your apartment. After all it is his, not yours.
It seems like a lot of work to find someone who is just late on child support. Are you sure that is all it is? If it is, then the cop might be BSing you about following you and going into your apartment so much.
2007-10-01 08:49:20 · answer #3 · answered by Chris 5 · 1⤊ 1⤋
I would ask your landlord to see the warrant. I'm sure it is legal because the Sheriff would not have brought it to you attention. I still thought they were supposed to notify you in some way. Or your landlord is very shady to not let you know that your apartment had been entered.
2007-10-01 08:44:44 · answer #4 · answered by historyhnyb 2 · 0⤊ 1⤋
Yes it is legal, you are not the owner of the apartment. They just get the landlord to open the door. All they need is a search warrant anyways even if you were the owner.
2007-10-01 08:43:48 · answer #5 · answered by Maxine PantherFan 3 · 2⤊ 2⤋
If they have a warrant and a legal right to ask the landlord to open the door (this must be spelled out so that they cannot use a violent means of opening the door), well then, sure they can.
2007-10-01 08:43:21 · answer #6 · answered by The Eagle Keeper 7 · 1⤊ 2⤋
Supposedly, by the California Tenant Law, you have the right to privacy:
http://www.caltenantlaw.com/Privacy.htm
However, since the police are involved, that MAY alter the circumstances. While he should not let them in without a warrant -- the police can be very persuasive.
2007-10-01 08:45:43 · answer #7 · answered by Yahzmin ♥♥ 4ever 7 · 0⤊ 1⤋
I don't know the law but I'm sure that without a search warrant they would not be allowed inside. Your land-lord has no business letting them in.Hopefully, you should have nothing to hide (except your dirty under ware) especially your boyfriend.Remember, if he isn't supporting the kids he has now, he probably would not support any you have if you ever split.I could not see myself being with a man that does not take care of his children.Don't help hide him if he ever asks for your help.Let him face up to his responsibilities.
2007-10-01 08:51:41 · answer #8 · answered by Ava 5 · 0⤊ 2⤋
The landlord owns the property. So if he let them in, then it's legal. Sorry!
Addition: No Search Warrant is necessary if the landlord (owner) willing lets the police in.
2007-10-01 08:41:40 · answer #9 · answered by kja63 7 · 3⤊ 3⤋
They have to have a warrant fior each and every time they enter your apartment. Of course they might have a warrant for his arrest which they may be taking extreme liberties with.
I suggest you call your local ACLU office or an attorney.
2007-10-01 08:42:26 · answer #10 · answered by Atrum Animus AM 4 · 1⤊ 2⤋
The landlord owns the property so they don't need your permission to enter as long as he/she is letting them in.
2007-10-01 08:45:45 · answer #11 · answered by dlil 4 · 0⤊ 1⤋