Just an unrelated question, can a house worker, someone employed at a house but not owning it at all, allow the police to come in and search without the owner’s permission? Likewise, can someone who’s renting a house let the police in without the owner’s permission, and vice versa? In both cases, the police do not have a warrant or any court order.
Just about anybody living in a place can allow the police in, at least to all common areas. I don’t know about workers, though I suspect that a search on a worker’s authority would be a violation. Here’s the source I’m using for my info: http://le.alcoda.org/publications/files/THIRDPARTYCONSENT.pdf
A worker could be seen as a legal agent for the owner.
OTOH, it’s also possible to suppress the evidence because it’s difficult to determine who owns “X”. And it can then be challenged on Standing, that there was no legal standing for the individual to grant permission for a search, countering the first one.
Also, it would probably depend on who gave the consent. The maid? Maybe. A Chemlawn worker or gardener? Seems shaky.
Not a lawyer, but just have to add — as far as I’m aware, a renter can authorize a search in their rental home/apt/condo/etc without the landlord’s consent (and theirs alone — Apt #104 can’t authorize a search at Apt #105). However, a landlord cannot provide consent to search a renter’s property while it’s being rented. (I think it was Chapman v. United States, 1960)
My father owns a few condominiums in a relatively low-income area, and this became a potential issue a few years back.
The law of Nephilopolis would be quite the discussion!
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See, this is why this is the best law-webcomic on the internet.
Uh, wasn’t the protective sweep only if they don’t feel safe? ☆ felt threatened by an (apparently) empty house?
If I’m in a dark house which I think was broken into by a desperate criminal who just moments ago shot at me… I’m not feeling super safe. Even if he ditched that gun, he may have another, or grabbed a baseball bat/butcher knife, or may have the homeowner in a stranglehold keeping them from crying out, and so on.