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Old November 3, 2009, 11:21 AM   #26
carguychris
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Join Date: October 20, 2007
Location: Richardson, TX
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Quote:
No, I don't believe so...

I would be interested in this particular case.

The landlord could only consent to search if there was a search warrant that stipulated the particular address/apt. and search warrants are routinely executed on private residences when the owners are not at home here in TN. (they usually leave a copy in the ransacked rubble)
Actually, I believe I was wrong about that particular issue. In certain cases, the landlord of a hotel or other temporary dwelling may consent to an unwarranted search of the unit, but this generally doesn't extend to property subject to a long-term lease. I wasn't aware of the distinction.

A landlord could, however, write a lease that allows him or her to authorize unwarranted entry to the property unless such a provision is prohibited by state law. It's my understanding that many states prohibit this, but it's not universal.
Quote:
The relationship between a landlord and tenant flows entirely from the contract (lease). As with any contract, each party assumes certain duties to the other, and each acquires certain rights against the other. The respective rights and obligations of the parties are defined by the contract. The Constitution plays absolutely no part in it.

Some contract terms may be prohibited by statute, but that has nothing to do with the Constitution.
+1 what fiddletown said.
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Old November 3, 2009, 11:52 AM   #27
MLeake
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As a correlary to these threads... a slight veer

Has anybody noticed the trend over the last couple decades for political debates to run more on emotions and feelings than on fact? I attribute this to the trend of public school systems dropping Civics, Law, and American History (pre-Reconstruction) from high school curricula.

People under 40 generally don't seem to understand the Constitution's purpose, checks and balances, the Electoral College, you name it. The education system chose not to familiarize them with it.

It's an aggravating trend, and one that needs to be reversed.

While they are at it, they can bring back Phys Ed requirements for all grades, and get rid of fast food in K-12 cafeterias, as well as the soft drink vending machines on K-12 campuses.

To paraphrase Dean Wormer, "Fat, sugar-high and politically naive is no way to go through life."
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Old November 3, 2009, 11:57 AM   #28
dondavis3
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+1 MLeake
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