Do the police need a separate warrant if they need to search the room that I am renting? 6 Answers as of May 13, 2014

I got a summons to appear in court for possession and paraphernalia after the cops came in the house where I was renting a separate room. They came in for an issue between my landlord and another tenant while I was sleeping before I had to work. They pulled me out of my room and made me sit in the living room until they got a search warrant for the house. I felt like my rights were violated and I was not sure if they needed a separate warrant for my room since I was paying rent for that area.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
They do not need a separate warrant.
Answer Applies to: Georgia
Replied: 5/13/2014
Law Office of James E. Smith
Law Office of James E. Smith | James Smith
No need for separate warrant.
Answer Applies to: Nevada
Replied: 5/12/2014
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
If the warrant was for the entire house they could search your room in the house. But you could try to argue the warrant was overboard insofar as it allowed a search of your room. You need to retain a lawyer to review these facts with you.
Answer Applies to: New York
Replied: 5/12/2014
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
You would definitely be in a position to question the search. It is always difficult to try to give an opinion as to whether the police need a warrant in a specific situation since there are variables in each case that can come into play. The only way you find out is to challenge the search in court.
Answer Applies to: Minnesota
Replied: 5/12/2014
The Law Office of John M. Phillips
The Law Office of John M. Phillips | Reid M. Hart
The warrant requirements in Florida are very fact-specific. The officer's application for the warrant and the warrant itself has to be specific regarding the items to be seized and the areas to be searched. These details would have needed to include the basis for searching the house and specifically your room, especially if it was made known to law enforcement that you were renting a separate room in the house and had no dealings with the others. The fact you were paying rent separately is a helpful fact if it was made known the law enforcement at the time. A copy of the warrant and the officer's application should be available as part of discovery in your case. I highly recommend you contact a local defense attorney to review the warrant and make any available legal argument to have the items suppressed as evidence in your case.
Answer Applies to: Florida
Replied: 5/12/2014
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