Legal Question in Civil Rights Law in California

Search & Warrants for Arrest

What rights does a tenant have who just move into an apartment and the police come with a arrest warrant for the previous tenant. Do they have to open the door even if the police threaten to break down the door if not allowed in.

The police were informed by the current tenant that no one lives there by the name the police are looking to arrest, and to contact the landlord for infomation concerning the previous tenant who was evicted.

The following morning the tenant went to the local precint with proff of her identity, and her lease agreement she was told to just let the police in if she had nothing to hide.


Asked on 3/01/09, 4:16 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Search & Warrants for Arrest

Do not get your legal advice from the police. Write them a letter, or have a lawyer write the letter, to the police chief, certified mail return receipt; and give a copy of the letter and return receipt to a relative or friend who does not live with you. In any future encounters with the police, do not answer or open the door, allow them to kick it down if that's what they want to do. Do not say one word to the police and do not go to the police station. This goes double if you have "nothing to hide."

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Answered on 3/01/09, 4:34 pm


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