La Mirada, CA asked in Civil Rights, Constitutional Law, Landlord - Tenant and Criminal Law for California

Q: Can the police open the door of a rented room within a house without a warrant?

I live in a large house that rents out 9 rooms to individual tenants. I rent one of those rooms. One of the tenants has two guests over. While the tenant is away the guests get in a fight. A physical altercation is allegedly made between the guests. The police are called and are let into the house by one of the guests. The police open each room including mine without consent from the landlord and detain the tenants that are present. At the time I was asleep and was abruptly awakened by the police, frisked (I don't remember if it was consensual), and forced into a squad car for questioning. The door to my room was locked and they attempted to open it with a lock pick. I open it for them to comply with their order.

2 Lawyer Answers
Dan Moseley
Dan Moseley
Answered
  • Criminal Law Lawyer
  • Fresno, CA
  • Licensed in California

A: No, police cannot lawfully enter a room rented by an individual not involved in the altercation without the consent of the occupant.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: MORE INFO IS NEEDED.

HOWEVER, IT DEPENDS ON ALL THE FACTS ...BUT GENERALLY, NOOO

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