I don't think even a rental property has the same constitutional protection as a self owned property. When I rented an apartment, my manager said they can enter my apartment at any time to investigate any claim, or monthly to perform extermination. I'm sure there is something when you sign a lease that says that. I don't think you can "opt out".
The Constitution only protects you from governmental interference and your Constitutional protections while living in a rental house are exactly the same as if you owned the dwelling.
No, they are not. For example, in California, with 24 hour notice, the renter must grant access to the landlord and/or his agents, no cause required..
The landlord is not a government entity and the Constitution only controls what the government may and may not do. If there are no regulations over him, he can do as he likes with his property. Most states regulate rentals however, and have many regulations such as 24 hour notice for entry in non-emergency situations, but that is not a constitutional right or restriction. He can put restrictions in the rental agreement/lease on use of the property, such as presence of illegal drugs on the premesis are ground for eviction. He can throw you out, but he can't put you in jail.
The Constitution does control what the government and its agents may do. If your landlord gives you 24 hour notice to enter, he can. The police cannot. He can't bring the police with him on his visit with 24 hour notice. If he sees a bong and a big pile of pot while he is in there, he can tell the cops and they could use the statement as probable cause and try to get a search warrent. But they have to have the search warrent (unless the pile of pot is clearly visible from outside), the landlord doesn't. But even if he doesn't call the cops, he can evict you for it.
A similar situation is free speech. You have an absolute constitutional right to write that your boss is an idiot on a picket sign and march up and down the public sidewalk in front of work. The police can't stop you as long as you aren't impeding traffic. Your boss can't stop you as long as you are not on company property. Nothing at all protects you from him firing you for it, though. That is a private matter and not controlled by the Constituion (unless you work for the government).
As a California landlord myself, I would say that it is correct that a landlord can enter on 24 hours notice without permission, but the landlord does need to have a good reason for doing so. The case law suggests that landlords may have an annual inspection. However, a landlord repeatedly announcing and making visits for no particular reason can be considered harassment. Tenants have obtained restraining orders against landlords who have abused their right to enter without permission.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1940-1954.1
http://www.leginfo.c...ile=1940-1954.1
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1940-1954.1
1954. (a) A landlord may enter the dwelling unit only in the
following cases:
(1) In case of emergency.
(2) To make necessary or agreed repairs, decorations, alterations
or improvements, supply necessary or agreed services, or exhibit the
dwelling unit to prospective or actual purchasers, mortgagees,
tenants, workers, or contractors or to make an inspection pursuant to
subdivision (f) of Section 1950.5.
(3) When the tenant has abandoned or surrendered the premises.
(4) Pursuant to court order.
(b) Except in cases of emergency or when the tenant has abandoned
or surrendered the premises, entry may not be made during other than
normal business hours unless the tenant consents to an entry during
other than normal business hours at the time of entry.
© The landlord may not abuse the right of access or use it to
harass the tenant.
As for entering a train and asking to search a passenger, there is the contract of carriage.
http://www.amtrak.com/servlet/ContentServer?c=Page&pagename=am/Layout&cid=1241337896121
http://www.amtrak.co...d=1241337896121
http://www.amtrak.com/servlet/ContentServer?c=Page&pagename=am/Layout&cid=1241337896121
Amtrak may refuse to carry passengers:
Who refuse to consent to Amtrak security inspections of persons and/or baggage onboard Amtrak trains and/or at designated areas, such as train platforms and passenger boarding or waiting areas.
Amtrak employees or other authorized carrier representatives may remove such a passenger from the train at any inhabited place, as necessary under the circumstances, for any of the above reasons.
As long as an Amtrak employee authorizes federal, state, or local law enforcement to enter, they pretty much become their representative. Legally they might need a search warrant, or not based on whether they have probable cause (can search without a warrant) or reasonable grounds (enough to get a search warrant).
Even being in sleeper accomodations isn't much different than being in a hotel room. If a maid spots a brick of heroin in someone's luggage during the normal course of work, they have every right to call the cops. If your attendant notices something unusual, they can also call for law enforcement.
