My friend has been living in some girl's basement. His name is not on the lease. He sells drugs, but never out of the house. When he is home he keeps everything illegal in a locked safe.
Today, while he was at work, his roommate says that a cop came to the door asking to search the house. The girl said no. The cop then said that the landlord gave him permission to search the house and pushed past her into the home. The cop then flipped the house. He found the safe and confiscated it. Inside the safe there is $1500 cash, 3.5 grams of sassafras, a quarter pound of weed, and my friend's concerta prescription. Although there is nothing on the safe identifying it as my friend's, his prescription bottle had the label on it.
Now, I have a few questions:
1. Is a landlord allowed to give permission to police to search their rental property? My sister's cop boyfriend told me that the tenant would have to give consent, because they are the residents, unless the officer has a warrant (which he didn't).
2. Even if the search was legal, how would an officer identify my friend as the owner of the safe when it was found in a common area that everyone has access to? Since he is not a resident of the property won't it be more difficult to prove that it belongs to him? Is the prescription label enough probable cause to say it is his?
Today, while he was at work, his roommate says that a cop came to the door asking to search the house. The girl said no. The cop then said that the landlord gave him permission to search the house and pushed past her into the home. The cop then flipped the house. He found the safe and confiscated it. Inside the safe there is $1500 cash, 3.5 grams of sassafras, a quarter pound of weed, and my friend's concerta prescription. Although there is nothing on the safe identifying it as my friend's, his prescription bottle had the label on it.
Now, I have a few questions:
1. Is a landlord allowed to give permission to police to search their rental property? My sister's cop boyfriend told me that the tenant would have to give consent, because they are the residents, unless the officer has a warrant (which he didn't).
2. Even if the search was legal, how would an officer identify my friend as the owner of the safe when it was found in a common area that everyone has access to? Since he is not a resident of the property won't it be more difficult to prove that it belongs to him? Is the prescription label enough probable cause to say it is his?