Miami, FL asked in Constitutional Law for Florida

Q: Can the police drill holes from the Apt nextdoor and put cameras to monitor inside my apt

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: If they have a search warrant authorizing them to do so, sure.

James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: No, the police cannot legally drill holes and install cameras to monitor the inside of your apartment without proper authorization. Here are a few key points regarding this:

1. Fourth Amendment protection: In the United States, the Fourth Amendment protects citizens against unreasonable searches and seizures. This means that law enforcement must obtain a valid search warrant based on probable cause before conducting a search of your property, including your apartment.

2. Warrant requirement: To install cameras inside your apartment, the police would need to obtain a search warrant from a judge. The warrant must be based on probable cause and must specifically describe the place to be searched and the items or evidence to be seized.

3. Exigent circumstances: In rare cases, police may enter and search without a warrant if there are exigent circumstances, such as imminent danger to life, hot pursuit of a fleeing suspect, or the risk of destruction of evidence. However, these situations are limited and do not typically apply to long-term surveillance.

4. Expectation of privacy: You have a reasonable expectation of privacy within your apartment. Installing cameras without your knowledge or consent would violate this expectation of privacy and would be considered an illegal search in most circumstances.

If you suspect that your apartment has been illegally searched or monitored, you should contact a criminal defense attorney to discuss your rights and potential legal remedies. Unauthorized surveillance by law enforcement is a serious violation of your constitutional rights.

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