While Defendant was in jail on a procuring charge, his landlord called the police because rent had not been paid and because he detected a disagreeable odor coming from Defendant's apartment into the hallways. The police officer who responded to the call knew that Defendant was in jail. He recognized the stench coming from Defendant's apartment as that of  decomposing flesh and, without waiting to obtain a warrant and using the landlord's passkey, entered the apartment with the landlord's consent. The lease to these premises gave the landlord a right of entry, at any reasonable hour, for the purpose of making repairs. The police officer found a large trunk in the bedroom which seemed to be the source of the odor. Upon breaking it open, he found the remains of Rosette, Defendant's former mistress. "The landlord's consent to the police officer's search of Defendant's apartment is
a waiver of Defendant's Fourth Amendment rights, because a landlord has implied consent to enter a tenant's apartment.  a waiver of Defendant's Fourth Amendment rights, because the lease gave the landlord express authority to enter the premises.  not a waiver of Defendant's Fourth Amendment rights, because the landlord lacked probable cause to believe that a crime was then in the process of commission.  not a waiver of Defendant's Fourth Amendment rights, because the landlord had neither actual nor apparent authority to permit the entry
Question: While Defendant was in jail on a procuring charge, his landlord called the police because rent had not been paid and because he detected a disagreeable odor coming from Defendant's apartment into the hallways. The police officer who responded to the call knew that Defendant was in jail. He recognized the stench coming from Defendant's apartment as that of  decomposing flesh and, without waiting to obtain a warrant and using the landlord's passkey, entered the apartment with the landlord's consent. The lease to these premises gave the landlord a right of entry, at any reasonable hour, for the purpose of making repairs. The police officer found a large trunk in the bedroom which seemed to be the source of the odor. Upon breaking it open, he found the remains of Rosette, Defendant's former mistress. "The landlord's consent to the police officer's search of Defendant's apartment is
A. a waiver of Defendant's Fourth Amendment rights, because a landlord has implied consent to enter a tenant's apartment. 
B. a waiver of Defendant's Fourth Amendment rights, because the lease gave the landlord express authority to enter the premises. 
C. not a waiver of Defendant's Fourth Amendment rights, because the landlord lacked probable cause to believe that a crime was then in the process of commission. 
D. not a waiver of Defendant's Fourth Amendment rights, because the landlord had neither actual nor apparent authority to permit the entry
Answer: