A landlord's consent to police entry is generally sufficient to search a tenant's dwelling.

• A. True
• B. False
• C. Only if the landlord is present
• D. Only if the occupant authorizes

Answer: (B)

Consent to search must come from someone who has actual or apparent authority to permit the search. In a rental situation, the tenant typically holds exclusive possession of the interior, so the landlord does not automatically have the power to authorize a search of the tenant’s dwelling. Because of that, a landlord’s consent to enter does not generally give police permission to search the private living space. The search would usually require the tenant’s own consent, a warrant, or an urgent, emergency situation. There is a narrow exception if the landlord and tenant share authority over the space, but in ordinary cases that isn’t the situation.