Entering your home without a warrant.

Jarod said:
False, the law has been this way for 60 years,

What exigency circumstances do you claim? Exigent circumstances have 0 to do with the manager of the apartment complex.
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No, fucktard, if the owner of the building gives permission, law enforcement can enter any unit they want.
Mothafucker, I've seen multiple people get arrested like that, and others not. STFU.
I know what I'm talking about, and I live in FL.
I've seen landlords (owners) give permission to cops to enter sometimes, and deny cops permission to enter without a warrant at others.
That's life experience and reality, it's not something you can bullshit me on.
 
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Jarod said:
I can tell you as a former criminal prosecutor your claim is absolutely untrue and ignorant of basics of the 14th Amendment. An apartment manager or building owner cannot grant such access legally to meet the requirements of the 4th Amendment.

A memo….

CONTROLLING RULE

I. A landlord or building manager cannot validly consent to a police search of a tenant’s dwelling. The Fourth Amendment protects the tenant’s reasonable expectation of privacy in leased premises. Upon execution of a lease, the tenant acquires exclusive possessory rights; the landlord retains only the reversionary interest and authority over common areas. The landlord’s ownership interest in the building does not carry with it the authority to waive the tenant’s constitutional rights.

II. FEDERAL AUTHORITY

Chapman v. United States, 365 U.S. 610 (1961).

The Supreme Court held that a landlord’s consent to police entry into a leased residence was constitutionally insufficient. The Court rejected the government’s argument that the landlord’s property ownership gave him authority to permit the search, reasoning that a tenant’s Fourth Amendment rights cannot be waived by a third party with no possessory interest in the space.

Georgia v. Randolph, 547 U.S. 103 (2006).

Reaffirming and extending third-party consent doctrine, the Court held that a physically present co-occupant’s refusal to consent overrides another co-occupant’s consent to search. The decision underscores that consent authority flows from shared, actual authority over the space — not from ownership of the surrounding structure.

United States v. Matlock, 415 U.S. 164 (1974).

The Court established that valid third-party consent requires “mutual use of the property by persons generally having joint access or control.” A landlord satisfies neither prong: the landlord does not use the tenant’s apartment, nor have joint access or control over it during the lease term.

III. FLORIDA AUTHORITY

State v. Albritton, 353 So. 2d 929 (Fla. 2d DCA 1978).

Florida courts have consistently applied the federal framework. A landlord’s consent to police entry of a tenant’s unit is constitutionally infirm. Evidence obtained through such entry is subject to suppression under both the Fourth Amendment and Article I, Section 12 of the Florida Constitution, which provides independent state-law protection at least co-extensive with the federal standard.

Note: Florida courts applying Art. I, §12 have occasionally interpreted the state provision more broadly than its federal counterpart. Independent Florida grounds should be raised as an alternative basis in any suppression motion.

IV. RECOGNIZED EXCEPTIONS

The following circumstances permit police entry without tenant consent:

1. Search Warrant. A judicially authorized warrant based on probable cause renders landlord cooperation irrelevant. Police may enter with or without the landlord’s assistance.

2. Exigent Circumstances. Imminent threat to life, hot pursuit of a fleeing suspect, or imminent destruction of evidence may justify warrantless entry. Courts apply a totality-of-circumstances test and scrutinize these claims carefully post-entry.

3. Tenant’s Own Consent. The tenant may consent, as may someone the tenant has authorized with actual or apparent authority over the specific space (e.g., a roommate with joint access).

4. Emergency / Welfare Check. Where credible information suggests an occupant is in medical distress or danger, entry may be lawful under the emergency aid doctrine. Scope of entry is limited to addressing the emergency.

V. REMEDY

Evidence obtained through an unlawful search premised on landlord consent is subject to exclusion under the exclusionary rule. Mapp v. Ohio, 367 U.S. 643 (1961). The remedy is a Motion to Suppress in the trial court. Any derivative evidence (“fruit of the poisonous tree”) is likewise suppressible. Wong Sun v. United States, 371 U.S. 471 (1963).


Such ignorance is astounding!
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The landlord is the owner of the property, Pretender. No court is required. Illegal aliens are immediately subject to deportation. Contextomy fallacy.
 
Matt Dillon said:
"2. Exigent Circumstances. Imminent threat to life, hot pursuit of a fleeing suspect, or imminent destruction of evidence may justify warrantless entry. Courts apply a totality-of-circumstances test and scrutinize these claims carefully post-entry."

Not ignorant. They have changed the law since the time I knew what it was. :oops:
Thx for a good post though, for once. :rolleyes2:
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Sort of. He at least tried, but as usual, is out of context.
The Pretender is no lawyer!
 
Matt Dillon said:
No, fucktard, if the owner of the building gives permission, law enforcement can enter any unit they want.
Mothafucker, I've seen multiple people get arrested like that, and others not. STFU.
I know what I'm talking about, and I live in FL.
I've seen landlords (owners) give permission to cops to enter sometimes, and deny cops permission to enter without a warrant at others.
That's life experience and reality, it's not something you can bullshit me on.
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Idiot, only if there is a warrant. Ask AI or do some research.
 
Matt Dillon said:
No, fucktard, if the owner of the building gives permission, law enforcement can enter any unit they want.
Mothafucker, I've seen multiple people get arrested like that, and others not. STFU.
I know what I'm talking about, and I live in FL.
I've seen landlords (owners) give permission to cops to enter sometimes, and deny cops permission to enter without a warrant at others.
That's life experience and reality, it's not something you can bullshit me on.
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It doesn’t mean what you observed was legal, or that the criminal cases weren’t later thrown out because cops violated the 4th Amendment.

It might happen, it’s not legal.

You are dumb.
 
Jarod said:
Idiot, only if there is a warrant. Ask AI or do some research.
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I have multiple examples of lived experience, friends that are in law enforcement, bondsmen, bounty hunters, and a very good lawyer, and you can fuck right the hell off. Oh! And know people that own apartments, yeah, I forgot about that, because we were hanging out and the cops came knocking. More than a couple. :/
That day, he gave permission to enter and a key.
Now my other friend when the cops approached him, he said "No, you cannot search without a warrant."
That was a house, but it was a rental. :dunno:
 
Matt Dillon said:
I have multiple examples of lived experience, friends that are in law enforcement, bondsmen, bounty hunters, and a very good lawyer, and you can fuck right the hell off.
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You are flat out wrong. Anyone telling you that is wrong.

I’ve had several of my criminal defense clients cases dismissed because the cops made such a mistake.

No wonder you are a trumpper, you are uneducated.
 
Matt Dillon said:
I have multiple examples of lived experience, friends that are in law enforcement, bondsmen, bounty hunters, and a very good lawyer, and you can fuck right the hell off. Oh! And know people that own apartments, yeah, I forgot about that, because we were hanging out and the cops came knocking. More than a couple. :/
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That is called anecdotal evidence

It means nothing
 
Jarod said:
You are flat out wrong. Anyone telling you that is wrong.

I’ve had several of my criminal defense clients cases dismissed because the cops made such a mistake.

No wonder you are a trumpper, you are uneducated.
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You said you were in corporate or real estate or insurance law before, motherfucker!
You're lying! :fu:
Name a prominent criminal defense lawyer in your area, liar! I know a couple down that way.
I certainly know one from Palm Beach County.
 
Matt Dillon said:
I have multiple examples of lived experience, friends that are in law enforcement, bondsmen, bounty hunters, and a very good lawyer, and you can fuck right the hell off. Oh! And know people that own apartments, yeah, I forgot about that, because we were hanging out and the cops came knocking. More than a couple. :/
That day, he gave permission to enter and a key.
Now my other friend when the cops approached him, he said "No, you cannot search without a warrant."
That was a house, but it was a rental. :dunno:
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Uneducated is no way to go through life. Open a book.
 
Your personal experience is not facts

It’s your life

What you observed

Tainted by your inability to think beyond your own experiences and ability to calculate the experiences of all other humans
 
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