Full question:
If law enforcement and private security enter into an apartment which had a report of gunshots from inside, then upon entry and search based upon well-fare (safety and security) discovered the apartment empty, but illegal substances were observed in plain-sight on a coffee-table? It was later discovered during the interview process that the individual was seen running from the apartment after the gunshots. Could the evidence be seized and used in Civil Court against the occupant of the household, who is the sole individual on the lease, to have that person terminated from the apartment as breaking the lease because of conducting illegal (criminal) acts and other acts, such as the gunshot, within that unit that are considered unsafe to other occupants within adjourning units?
- Category: Landlord Tenant
- Subcategory: Lease Violation
- Date:
- State: Oklahoma
Answer:
The Fourth Amendment protects against unreasonable searches and seizures, requiring probable cause for warrants. Probable cause exists when facts lead a reasonable person to believe a crime has occurred or is occurring. While police need a warrant for most searches, exigent circumstances—like gunshots—can justify warrantless entry. In this case, the presence of gunshots and illegal substances could be seen as exigent circumstances, allowing law enforcement to enter the apartment without a warrant.
Once inside, if illegal substances were in plain view, they could be seized legally. A landlord does not need the same level of proof as law enforcement to determine illegal activity is occurring. The landlord can reasonably conclude that gunshots and visible illegal substances indicate criminal conduct, which may justify terminating a lease.
Additionally, property owners must maintain safe conditions for all occupants. If illegal activities create unsafe conditions, the landlord may be held liable for any resulting harm. Therefore, if a tenant engages in illegal activities—such as gunfire and drug possession—this could lead to lease termination for violating lease terms and creating an unsafe environment for others.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.