How can the police obtain a search warrant to search an entire house, apartment, or Penn State dorm room when drugs or drug paraphernalia were only observed in one room?
Penn State Criminal Defense Lawyer
Generally, the police are permitted to seek and obtain a search warrant that allows them to search an entire single unit dwelling. For example, if the police smell the odor of marijuana coming from a Penn State dorm room, they can obtain a warrant to search the entire dorm room. If the police arrive at an apartment party and see a marijuana pipe on the kitchen counter, they can obtain a warrant to search the entire apartment.
While such searches are generally permitted, issues can arise if the apartment or residence is not a single unit dwelling. For example, if tenants in an apartment have individual leases with a landlord for individual rooms in an apartment, and each bedroom has a lock and key to limit access, the police may not be able to search an entire residence. Or, if a three-story house is divided into three separate apartments, governed by three separate leases, then the police generally can only obtain a warrant for the apartment in which the drugs or drug paraphernalia were found.
As the legality of a search warrant is dependent upon the facts and circumstances in every individual case, it is important to have an experienced criminal defense lawyer review the case and discuss possible defense strategies. State College criminal defense lawyer Jason S. Dunkle has experience in search warrants for all types of offense, including many drug cases, and Attorney Dunkle was invited by the Pennsylvania Association of Criminal Defense Lawyers to lecture at a seminar for continuing legal education credits on the topic of drug suppression in state court.
Free Case Evaluation – State College Attorney Criminal Defense
JD Law is located just a block from the University Park Campus of Penn State in downtown State College. We are happy to help people from State College, Altoona, Lock Haven, Lewistown, Huntingdon, Clearfield and surrounding areas who have been charged with a crime. We always offer a free initial consultation and you will always deal with Attorney Jason Dunkle. You may email me or call my office today at (814) 954-7622 or (814) 954-7622 or email us.
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