A landlord's consent to police entry is generally sufficient to search a tenant's dwelling.

A landlord's consent to police entry is generally sufficient to search a tenant's dwelling.

• A. True
• B. False
• C. Only if the landlord is present
• D. Only if the occupant authorizes

Answer: (B)

Consent to search must come from someone who has actual or apparent authority to permit the search. In a rental situation, the tenant typically holds exclusive possession of the interior, so the landlord does not automatically have the power to authorize a search of the tenant’s dwelling. Because of that, a landlord’s consent to enter does not generally give police permission to search the private living space. The search would usually require the tenant’s own consent, a warrant, or an urgent, emergency situation. There is a narrow exception if the landlord and tenant share authority over the space, but in ordinary cases that isn’t the situation.

Consent to search must come from someone who has actual or apparent authority to permit the search. In a rental situation, the tenant typically holds exclusive possession of the interior, so the landlord does not automatically have the power to authorize a search of the tenant’s dwelling. Because of that, a landlord’s consent to enter does not generally give police permission to search the private living space. The search would usually require the tenant’s own consent, a warrant, or an urgent, emergency situation. There is a narrow exception if the landlord and tenant share authority over the space, but in ordinary cases that isn’t the situation.