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snip...
Her cache somehow caught the attention of Lakewood Police, who paid a visit last September. When they found Rice wasnt home, they asked an obliging employee of the complex to open up the apartment without her consent. Once inside, they raided the gun rack, making off with 13 firearms worth around $15,000. The only problem: They had no apparent reason to.
When Rice kindly asked to have her toys returned, the cops acknowledged that the weapons were legally owned. But they refused to return them without a court order. And so Rice has filed suit in Lakewood Municipal Court.
Two things to note...
1) Even if you have stayed at your residence for years, know the owners personally or are even related to them- it is not your property unless you OWN it. At any time LEO can ask to search an appartment complex by simply asking the landlord to open the door. If your landlord is a dunce and doesn't ask for a warrant, you can end up like Ms. Rice.
WRITTEN REPORT By: 2P206
would like us to check to see if francesca rice in apt #709
is there. female is entered missing involuntary out of the
va hospital and they have a signed certificate from a
doctor stating she is a danger to herself or others and can
be taken back to the va hospital against her will due to
her mental and emotional status.
Since when does a Dr have the right to convict any person of a crime by signing a scrap of paper?
Complete bubblegum.1) Even if you have stayed at your residence for years, know the owners personally or are even related to them- it is not your property unless you OWN it. At any time LEO can ask to search an appartment complex by simply asking the landlord to open the door.
Um, no.
You don't forfeit your 4th amendment rights because you are a renter. That's not how the amendment is written and not how it's enforced.
"Third parties lacking any apparent right to grant access (such as landlords and hotel personnell) cannot give valid consent to search another's property. Chapman v. United States"
...a landlord has an absolute right to enter the demised premises "to view waste," and that he should be able to exercise that right through law enforcement officers to whom he has delegated his authority.
Sadly, there is always a loophole...
You are correct in the fact that in both cases (Chapman vs US and now Rice vs Lakewood) that both are a violation of the tenants 4th Amendment's rights. But the fact still remains that the landlord can take police inside your rented dweling without your consent or warrant.
Officers can even receive consent to enter your home from school-age children, so it's important to teach the kids, too, about their Fourth Amendment rights and the policy of your household.
If you're a tenant, your landlord is not entitled to let the police enter your home without a warrant, unless there's a provision in your lease authorizing the landlord to do so. So, if you rent, check your lease. Look for a sentence or two that says something like:
Landlord reserves the right to allow entry of law enforcement officials, upon request.
– or –
Landlord may admit law enforcement personnel onto premises, as needed, to further investigation or prevention of illegal activities.
Such clauses allow your landlord to consent to officers' entering your home, whether you agree or not.
You may not like it, but MD's are basically board certified officers of the state. If the diagnosis is incorrect, than the doctor is subject to malpractice. If someone is considered a danger to themselves or the community through an assessment of mental instability, than those are the breaks.
It's too bad that this important piece of information didn't come out in the original piece. But such is the flaw of the internet.
In Oregon, a landlord has a right to enter and inspect HIS property with 24 hours notice. The time of entry must be a reasonable time. Nothing in the law allows him to inspect YOUR property.
This is a civil issue, and if you refuse entry, he can evict you.
The police must have been there due to the Dr's warning. And yes, a Dr. is required by law to report a lot of things including suspected lack of driving ability. Your shrink is required to report you if you are threatening to kill someone, or if he thinks you are a danger to people. The list goes on.