The Search & Seizure Show

Can a government housing project waive a person's 4th Amendment rights?


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The following is a computer-generated transcription, some grammar and spelling errors may be inherent

Hello, everyone, it's Anthony Bandiero here with blue to gold law enforcement training, bringing to the roadside chat. All right. So our question today comes from an officer in the great state of Tennessee. I Love Tennessee. All right. So here's the question. Can a tenant in a government housing project waive their Fourth Amendment protections of the home by lease agreement? Okay. Let me give some context. So the officer sharing here that in our local housing authority, it is my understanding that the manager can enter and search a tenants apartment anytime, under the lease agreement. On occasion, they have asked that we stand by while they do so. And have even asked for Kane for canine to sniff the apartment. Does this violate the Fourth Amendment? Or does the lease agreement act as it as act as consent? Alright, so the, the quick answer is, can the government housing project waive a person's fourth amendment rights?

And the answer is no. Because no government agency can basically tell a person you have no more fourth amendment rights, right? If you're going to take if you're going to subscribe to this or, you know, accept these government benefits, you have no fourth amendment rights, that's not the way to look at it instead. The question is, okay, are they asking for something that is reasonable? Right, if it's reasonable, it likely complies with the fourth time, it's not like the government, government housing projects have no have no authority to inspect their property to make sure that people are not abusing the property. And, you know, if they get a tip that something's manufacturing drugs or so forth, that they can't do anything about it. But the point is, still, is that is that a waiver of the Fourth Amendment? No. Is it potentially reasonable under the Fourth Amendment? Maybe? So let's go through it. So number one, apparently, right, or allegedly, the lease agreement says that we can come into your apartment anytime and inspect. I doubt that's the case. Right? If that if it truly said that we can come into your apartment anytime and you know, without notice, or without any kind of just cause I doubt a court would uphold that. Because that is not reasonable. Right? You are the government and you're in you're offering these benefits. And you're saying as a stipulation to accepting the benefit, I have to allow the government's right, you know, aka the Housing Authority, the law, the government to come into my home and just rummage through my stuff or just inspect my property? No. So I doubt that that's the case...

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The Search & Seizure ShowBy Anthony Bandiero

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