Search Warrant Requirements Clarified

Summary

If you were renting a room, police generally need a warrant to search it. Without a formal lease or proof of renting, the room may be considered part of the homeowners property, and any drugs found could be attributed to them. Its important to avoid self-incrimination and consider the implications of claiming tenancy. If you have no evidence of renting, your expectation of privacy is limited. Consult a local attorney for personalized advice.

Full Conversation

if a relative calls the cops to cut off a lock to a bedroom in their house and they find drugs who does the ticket go to. if they say the room was rented by me do they need a warrant to cut the lock off closet even though there is no lease agreement?
Hi Bill! Here are some general points regarding your situation:
- If the room is rented to you, you generally have a reasonable expectation of privacy.
- Police typically need a warrant to search a rented room, even if it's within a relative's house.
- If drugs are found in a room you rent, you could be held responsible.
Do you know if the police had a warrant in this case?
I dont know about warrant. I think my niece called cops to get lock removed but the question is was I renting there or not
If there was no formal lease agreement, determining whether you were renting the room may depend on various factors, such as whether you paid rent or had an understanding with your relative.
- If you were considered a tenant, you generally have a reasonable expectation of privacy.
- Police typically need a warrant to search a rented room, even if it's within a relative's house.
- If drugs are found in a room you rent, you could be held responsible.
Do you have any proof of payment or any agreement, even if informal, that you were renting the room?
if I rented the room wouldn't they need a warrant? and if I wasn't renting the room would the drugs be considered theirs then?
Hi Bill! Here are some key points:
- If you were renting the room, police typically need a warrant to search it.
- If you weren't renting the room, the drugs could potentially be considered the property of the person who owns or primarily occupies the house.
Do you have any form of proof, such as messages or transactions, that indicate you were paying to rent the room?
legally from my position would it be better if I rented it or to not rent it
Hi Bill! Here are some general points regarding your situation:
- If you were renting:
- You have a reasonable expectation of privacy.
- Police typically need a warrant to search the room.
- You could be held responsible for any drugs found.
- If you weren't renting:
- The drugs could potentially be considered the property of the house owner or primary occupant.
Do you have any form of proof, such as messages or transactions, that indicate you were paying to rent the room?
no I dont have messages indicating i rented there
Hi Bill! Here are some points to consider:
- If there is no evidence you were renting the room, the police might classify it as part of the relative's property.
- Without proof of renting, it may be harder to argue for an expectation of privacy.
- The drugs could potentially be considered the property of the house owner.
Do you have any other evidence or witnesses who can confirm the arrangement?
wouldn't it be better for me to not say or prove I was not staying there
Bill, it's generally better to avoid self-incrimination. Here are some points to consider:
- If you were not renting, the drugs may be considered the property of the owner.
- Without proof of renting, your expectation of privacy is limited.
Do you have any other concerns or need further clarification?