Questions:

• When is a police investigation considered a search?
• How private is your house or other dwelling?
• What is a search warrant and what does it take to get one?
• What are the police allowed to do after they obtain a search warrant?
• Do the police always need a warrant to conduct a search?
• Can my roommate -- or my landlord -- give the police permission to search my apartment?
• If a police officer pulls me over, can she frisk me or search my car?
• If my car is towed and impounded, can the police search it?

Answer:

Can my roommate -- or my landlord -- give the police permission to search my apartment?

The police may search your apartment if the person in charge of the premises gives permission. If you and your roommate share common areas (such as the kitchen and living room), your roommate can authorize a search of those areas. But your roommate cannot give permission to search your separate bedroom.

Similarly, your landlord cannot give permission to search your apartment. However, if the police can point to circumstances that would justify immediate entry -- such as the sound of a ferocious fight or the smell of burning marijuana -- they may enter without permission from anyone.