Can a police officer enter a house where the landlord's aegent has authority to enter?

California, United States of America


The following excerpt is from De Conti v. Superior Court, 18 Cal.App.3d 907, 96 Cal.Rptr. 287 (Cal. App. 1971):

We bear in mind that the officer was not on the premises for any purpose of search or investigation. He had simply responded to the request of a citizen who believed she needed protection. He had, a few moments before, seen the landlord's aegent open the door of the house where petitioners lived and then enter. He had been advised that the rent was unpaid and petitioners were subject to eviction. As said in People v. Edwards, 14 Cal.App.3d 57, 68, 92 Cal.Rptr. 91, 99, 'Policemen are not required to be experts in the law of landlord and tenant.' Under the circumstances the officer could reasonably have concluded that the agent had authority to enter, an authority which the record before the superior court, and

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