point of law

Were the police search and seizures at either Irving or Oak Cliff legal?

It is alleged that the police entered the Irving home and were given permission to search by both Ruth and Marina without a warrant.

For some reason, they decided they needed a warrant on the second search.

At Oak Cliff, they waited.... and waited... and waited... for a search warrant to arrive before searching, but did the warrant cover searching rooms occupied by lodgers without the consent of the lodger?

I know it was a different era, so none of these may be applicable:

https://www.rentprep.com/legal/can-landlords-give-consent-police-search/

https://criminal-law.freeadvice.com/criminal-law/arrests_and_searches/police_entry_consent.htm

https://www.legalmatch.com/law-library/article/who-can-consent-to-a-search-for-someone-else.html

greg parker wrote:Were the police search and seizures at either Irving or Oak Cliff legal?

It is alleged that the police entered the Irving home and were given permission to search by both Ruth and Marina without a warrant.

For some reason, they decided they needed a warrant on the second search.

At Oak Cliff, they waited.... and waited... and waited... for a search warrant to arrive before searching, but did the warrant cover searching rooms occupied by lodgers without the consent of the lodger?

I know it was a different era, so none of these may be applicable:

https://www.rentprep.com/legal/can-landlords-give-consent-police-search/

https://criminal-law.freeadvice.com/criminal-law/arrests_and_searches/police_entry_consent.htm

https://www.legalmatch.com/law-library/article/who-can-consent-to-a-search-for-someone-else.html

With regard to boarding houses... this from a former cop (again though... different era)

When the cops present a warrant request to the judge they would have to justify the scope of the search. If only one tenant is involved in the crime and he has no access to the rest of the house the search would probably be confined to his room. If several tenants or the owner of the house are involved the judge would probably allow the search of several rooms or the whole house. Separate warrants would only be necessary if tenants were involved in crimes that were unrelated and there was no reason to believe that evidence would be hidden in another tenant’s room(s).
https://www.quora.com/If-you-live-in-a-boarding-house-and-the-cops-have-a-search-warrant-for-the-house-no-person-Can-they-search-every-tenant-s-room-or-do-they-need-separate-warrants-for-each-individuals-room

It would be interesting to see those warrants.

Good questions Greg.

The Oak Cliff search is suspicious in my opinion in so many ways - the official timeline is all over the shop. And why did they wait to enter the Oak Cliff address for over an hour and a half before entering the alleged room that oswald had occupied or so they claim. Waiting for Alexander (Mr. Everywhere) and the sheriffs with the warrant. 

I wonder if there is any way to obtain copies of the warrants for the Irving and Oak cliff searches.

https://www.giljesus.com/the-police-searches--were-they-valid--.html

Vinny wrote:https://www.giljesus.com/the-police-searches--were-they-valid--.html

Thanks Vinny. Good job by Gil.

My only nitpick... I don't think they went back to "find" the BYP because they had seen the day before. If thy were there the day before , they had to be brain-dead not to take them as possible evidence. No, Gil may be right that they got a warrant to get the pictures, but that does not prove the pics were And I'd be willing to bet that the warrant specified the seabags... rather than anything particular inside them.

This from Jack ruby apartment search fwiw.



Cheers,
Ed