Is an illegal substance found while a landlord was in a renter’s house without permission, admissablein court?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is an illegal substance found while a landlord was in a renter’s house without permission, admissablein court?
He later told cops that he was fixing a water heater but without tools or parts. TMy landlord then broke into a locked bedroom and found marijuana. He called the cops. I am now facing felony charges. My landlord then stole over $10,000 of my personal belongings, that took me over 10 years to acquire. I had to sell everything that was left and now I am homeless. My landlord has several different accounts of the story. None of them are the same. Is there a chance this could get dropped or dismissed in court? Could I sue him?
Asked on April 24, 2011 under Criminal Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) The protections against unreasonable searches only applies to police action. If a private citizen--for example, a landlord--obtains evidence in some improper or even illegal fashion (e.g. breaking it) and then turns it over to the police, then it is admissible--so long as the landlord was not doing it at the police's behest or on their instructions.
2) However, the fact that the evidence may be admissible does not protect the landlord from his own bad acts. If he stole from you, you may simultaneously sue him to recover compensation and also report him to the police for theft. Note that if he stole from you at the time he found the drugs, that may help impeach or weaken his testimony--it may look more like he was doing that to excuse or cover up his own wrongdoing. Therefore, taking action against your landlord may help you.
You should however, before doing anything and IMMEDIATELY, consult with an attorney who can evaluate the situation in detail and in confidence and advise you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.