If one room mate is drunk and the other isn't

[jloneill17]

If your room mate is drunk and outside of the apartment in an argument with another person (not living in the apartment and no weapons involved). If the cops are called and the room mate says the cops can come in, but the sober room mate says they cannot without a warrant. How should that go down? Is the drunk room mate able to allow access to the domicile while under the influence if the sober one denies the copes entry into the domicile? Just wondering. LEO opinions greatly appreciated. Thanks

Oh, by the way, this didn't happen to me, but it did to a buddy of mine. He asked me this question and I wasn't sure how to answer b/c I don't know.

 

[sovietak474u]

I would think once "someone who dwells there" gives the OK for them to come in... then all bets are off.

 

[inkdaddy]

I would get another room mate

 

[sovietak474u]

I would get another room mate

HAHA! Good call!

 

[woodstock]

I consulted with Irwin P Shyster, who wholeheartedly agrees with soviet and inkdaddy. So what am I paying him for?
It's a good question about the roommate/police unfortunately I don't know either.

 

[GDAWG1958]

an old saying;
Dont hold onto the turd when its circleing the bowl or you are gonna go down with it.

 

[Ken Ford]

Actually there is case law that says the other room mate can restrict where they look. The drunk can only allow access to areas that he has control of. Say you have a room of your own (or just a closet) with out a warrant they would not be able to look inside with out your permission. He can give access to his areas and shared areas but depending on the circumstances any evidence found in the shared areas might get thrown out (against you).

 

[jloneill17]

I would get another room mate

Yea, no kidding. Luckily I live with my wife so I don't have to worry about a room mate. I appreciate the thoughts. I've told my buddy to move out of there but, I guess cheap rent is more of a motivation to stay, than peaceful living. I told him he was an idiot to live there in the first place.

 

[07JKX]

IANAL but I believe since he lives there... he can authorize access to the police. However, it is my understanding that their search is limited to areas under his control such as common areas of the house/apartment (living room, kitchen, main bathroom, etc.). Two things can assist with this:

1. keep your bedroom door closed and ideally locked if possible.
2. tell him not to invite the cops in when he is drunk. (preferably tell him this when he is sober so he is more likely to remember.)

again.. ianal but this was common at KSU dorms/on campus apartments.

 

[Shovelhead]

Tell the cops you have no idea who this drunk is... Let Otis sleep it off in the pokey a few times... He either learns or moves out....