[JoshTriplett]

> Its also there in virtually all rental agreements; the existing caselaw (cited in this decision) supports the position that using the managements authority to access for 'need' as a pretext for a search is unlawful.

Does that same caselaw imply that if police want to search an apartment without a warrant, and a landlord lets them in, but the tenant did not grant permission, the search was illegal? I was under the impression that that was permitted, which is a downside of living in an apartment/rental.

[maxerickson]

Tenant's rights laws usually ban the landlord from entering the apartment without notice (except in the case of an emergency). So they presumably don't have a right to enter that they can extend to the police.

A few searches say that the landlord cannot consent to the search. A sample result:

http://www.nolo.com/legal-encyclopedia/landlord-give-consent...

[zaroth]

There was a case, I can't remember the specifics, of a drug bust where there was more than one person in the house, the person charged did not want the police to come in, but someone else ended up letting them in. The search was contested as unlawful, but I'm not sure how it turned out...

Edit: Here it is, as long as they arrest the disagreeing party and remove them from the home, the Supreme court ruled the arrested party can no longer object to the search, and in that case they don't need a warrant. So I think the racket is they claim exigent circumstances to enter, arrest you, and then perform the search.

http://thefreethoughtproject.com/supreme-court-rules-cops-wa...

[seanp2k2]

Curious about this as well. I was under the impression that even though you might not own your apartment or house (or in the case of a mortgage wherein the bank really owns it), you still have protections due to it being your home.