The reason I am posting this is because this is something that tenants know nothing about. This happens to them a lot because of the unreasonableness of The kind of Management we have here at sable point.
The Fourth Amendment provides, " The right of the people to be secure in their persons, houses, papers, and effects, against unresonable searches and seizures, shall not be violated.
The tenant this happen to should know that, verbal assent to a search is not enough; even if consent was given to the search does not imply that the tenant knew that the alternative of refusal existed.
Under many circumstances a reasonable person might read an officer's ' May I ' as the courteous expression of a demand backed by force of law.
At the time of the search there was no probable cause to believe that the unit in which the tenant was in contained contraband or other unlawful articles. Matter of fact. the officer had to tell Heather Bumgarner to get out of the unit because of her hostile, ridicule, sarcasm, or sould I just say unprofessional manner toward the tenant. By the way, no contraband was found. This tenant still had the right to know that she or he had the right to refuse the search.
This search was called in by Sable Point Management.
A worker by the name of Heather Bumgarner, under the order of Tracy Carter from Corp in florida. Here we live in West Virginia.
Here the role of the judge is defined by his obligation to deside cases according to priciples which "cut both ways."