Landlord/Tenant Lease Did Not Authorize Landlord to Consent to Police Entry Into A Rented But Unoccupied Apartment

State v. Dotson, Minn.Ct.App., 7/17/2017.  Mr. Dotson stumbled into a police drug investigation.  He'd come over to this apartment most likely expecting either to score or use some drugs only to find the cops all over the place.  When another one of his buddies showed up, Mr. Dotson tried to warn him off, shouting, "They're doing a search warrant in here."  The officers then arrested Mr. Dotson for obstructing legal process; in the search incident to that arrest they found drugs.

Mr. Dotson moved to suppress the drugs; he said that the officers' entry into the apartment had been unlawful.  The way that went down is that the landlord was investigating a water leak thought to be emanating from the very same apartment where later the police arrested Mr. Lawson.  The landlord knocked on the apartment door; for some reason the occupants allowed him to enter even though there was a full blown drug party going on.  The landlord politely inquired about the water leak, found it, and then said he'd be back later to fix it.  The landlord left and immediately called the police. When the police arrived, the drug party had moved on; the landlord told the cops that they could come inside the apartment.  The landlord said that he could give the cops permission under a provision of the lease that allowed him to enter the premises "for purposes of maintenance."  The trial judge denied the motion, relying on this lease provision as well as a statute that gives landlords the authority to enter the apartment under certain specified circumstances.  Here's what the lease provision says:

Management or its authorized agents may enter the Apartment at any reasonable time to inspect, improve, maintain or repair the Apartment, or do other necessary work, or to show the Apartment to potential new residents or buyers.

The court of appeals concludes that this lease provision does not give the landlord either actual or apparent authority to consent to a search of the premises, relying upon State v. Licari, 659 N.W.2d 243 (Minn. 2003).  This is because landlords have rights of access and not rights of use.  As to the statute, that's of no use either:

Generally, a landlord may enter a rented unit for “a reasonable business purpose” after making “a good faith effort to give the residential tenant reasonable notice.” Minn. Stat. § 504B.211, subd. 2 (2016).5 “A residential tenant may not waive and the landlord may not require the residential tenant to waive the residential tenant’s right to prior notice of entry . . . as a condition of entering into or maintaining the lease.” Id. (emphasis added). A landlord may dispose of the notice requirement only if immediate entry is necessary to: (1) “prevent injury to persons or property because of” maintenance, security, or police issues; (2) “determine a residential tenant’s safety”; or (3) “comply with local ordinances regarding unlawful activity” within the premises.

The court of appeals also rejects authority for the warrantless entry on both exigent circumstances and inevitable discovery theories.