Consent to search: Apartment and House?

Question

When an officer attempts to conduct a search without probable cause and requires consent to search, is there any difference between a house(owned by you) and an apartment(owned by a third party but rented by you?) Can I refuse consent to search my apartment just as I could my house, or would the owner of the complex, or a representative of that owner, be able to consent for me since it is their property, but it is rented by me? In the same regard, is anything conducted by the search my responsibility? It would serve logic that if the items yielded from the search are my responsibility, consent to search and thus find those items would be at my discretion unless there is probable cause or a warrant. Also, what constitutes probable cause? If 4 teenagers enter an apartment, can an officer say that's probable cause to search because "those teenagers must be smoking weed and drinking" I live in Texas by the way.

Answer 1

The person with an expectation of privacy can consent to a search. So your landlord can not grant the Police consent to search your apartment. However, if you had just moved out then he could because you would have given up your interest of privacy there.

Having said that things can get a bit hairy. For example if an officer reasonably believes that the person they are talking to resides at the dwelling then they can gain consent from this person and conduct a valid search. Even if that person actually has no authority to grant consent to search. An example would be a girlfriend who does not normally reside at the residence and only spends the night once in a while might tell the officer she is the girlfriend of the occupant and she stays there. The officer might believe that the girlfriend lives there or at least stays there on a permanent basis. If the Officer asked for and gained consent from this person the courts could uphold the search.
See:
http://www.law.cornell.edu/supct/html/88-2018.ZO.html

Consent can be a tricky thing and there is a lot of case law on it. The above is one of my favorite.

PROBABLE CAUSE - A reasonable belief that a person has committed a crime. The test the court of appeals employs to determine whether probable cause existed for purposes of arrest is whether facts and circumstances within the officer's knowledge are sufficient to warrant a prudent person to believe a suspect has committed, is committing, or is about to commit a crime.

The four teenagers entering an apartment would not meet the criteria for Probable Cause. You would need something more.

Good question. I was beginning to think the only ones I was ever going to see in this section were the standard "Why are cops so mean?"

Answer 2

Anyone in control of the property can consent to a search. If you are renting the apartment, you are in control.

As far as probably cause, that is defined as something that would cause a reasonable person of average intelligence to believe an illegal act is occuring. Your example would not be probable cause.

The fact you are from Texas wouldn't matter, this is a federal issue covered under the Fourth Amendment.

Answer 3

1) NO-YOU OWN THE HOUSE AND RENT FROM THE MORTGAGE. THE APARTMENT YOU RENT FROM THE LANDLORD / LANDLORD TENANT ACT OR MASTERS ACT.

2) SINCE YOU ARE THE RENTER YOU CAN REFUSE A CONSENT TO SEARCH.

3) ALL ILLEGAL ITEMS FOUND WOULD BE YOUR RESPONSIBILITY YES.

4) LOGIC DOES NOT ALWAYS DICTATE. (LOGICA *** DICTUS).

5) PROBABLE CAUSE: SAY I WAS TALKING TO YOU AND NOTICED THROUGH YOUR DOOR A WATER PIPE, A WHITE POWDER SUBSTANCE AND A RAZOR BLADE ON THE TABLE IN THE LIVING ROOM. I WOULD HAVE PROBABLE CAUSE, CAUSE BASED UPON MY KNOWLEDGE, AS A PRUDENT MAN, THAT A CRIME WAS BEING COMMITTED.(THIS IS ALSO CALLED AN ON SITE VIEW)WHILE ON SITE I NOTICED AND PRECLUDES A WARRANT BASED UPON THE FACT THAT IF I DO NOT ACT IMMEDIATELY, THE ILLEGAL FRUITS SEEN MIGHT BE FLUSHED DOWN THE DRAIN OT TOILET.

6) 4 TEENS ENTERING AN APARTMENT WOULD NOT PROVOKE SUSPICION OR PROBABLE CAUSE.

Answer 4

There is no difference between a house or an apartment no one but you can consent to search your residence not even your landlord. However, if you were a minor your parents can give consent to search your room.

Answer 5

No thats not probable cause,probable cause means there has to be a report from someone who has seen or smelled the odor,not just because they saw teens going into an apartment. now i dont think they can enter your apartment without your permission,unless on your lease it says different.But no one can give permission to search any ones house apt.etc unless it says different in your lease.

Answer 6

Dude - PARAGRAPHS.

Learn them - make them your friend.

When you throw a bunch of sentences all together in a bunch, it makes your question all but unreadable.

Yes - you can refuse access to your home, regardless of whether you rent or own.

Probable cause would depend on if violence was the cause of their being called there.

Answer 7

in canada no way its legal. although they may bs prob cause n say they walked by n u had the door open. gl man. I suggest a blowie (bounce or fleese sheets stuffed in a toiled paper cardboard roll.) and a locked door.

Answer 8

Well it does depend on the state you live in and I am not an officer in Texas. I'm a Wisconsin officer so I don't know.

Answer 9

Well, if they want to come in and search they will find a way to make it happen so, if you have anything in your home that could be used against you in any way, I suggest you dispose of and/or destroy it. And I DO mean ANYTHING.