Legal Corner

IMHO
vonrichtofenlas 15 Reviews 4230 reads
posted
1 / 6

We need a legal opinion, and I realize this may vary from state-to-state depending on the laws regarding the rights of an Innkeeper and a Guest in the inn!  

Who has a right to demand entry into your room during the period of your room rental?  Does LE need the same PC and Warrants they would need to enter your home/apartment?  What about hotel management?  Short of fire, water leak or the other disturbances that would enable LE to enter a dwelling without warrant, can hotel management demand entry for less serious issues?  

Its a recurring issue that has never been addressed that I have seen.

MVR

Ashley2010 See my TER Reviews 2852 reads
posted
2 / 6

It is improper and a violation of an individual's CIVIL RIGHTS for an innkeeper to refuse accommodations on the basis of race, creed, or color. Upon assignment to a room, a guest is entitled to its exclusive occupancy for all lawful purposes, subject to the right of the innkeeper to enter the room for proper purposes, such as to assist the police in their investigation of a crime.

Read more: Innkeeper - Compensation, Liability - Guest, Accommodations, Individual, Guests, Available, and Relationship http://law.jrank.org/pages/7655/Innkeeper.html#ixzz10oQv9vLO

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If hotels know what is really going on, and they allow it then they can be found a public nuissance and be shut down. Hotels are not police and can't just barge into your room and search your stuff. They can however call police if they suspect illegal activities.

Makwa 18 Reviews 2621 reads
posted
3 / 6

If you have rented a hotel room you have the same rights you have in your home.
LE can't enter without permission or a warrant unless they have indication of someone in immediate danger.  
Hotel staff can have access for maintenance, but if you are present you can refuse entry.

May very a bit from state to state.

Legal_Beagle 3448 reads
posted
4 / 6

I think you are in error to have an expectation of privacy in a hotel room. Perhaps when you are inside you have some expectation; however, as soon as you leave the room the door is going to be opened by the cleaning staff etc. and once that door is open, all expectation goes out the window. Both police and hotel security can demand entrance for a variety of reasons, particularly in hotel friendly states like Las Vegas where even hotel liability has been reduced to almost nothing. Also, a hotel worker with a key can let the police in, if you expect them to uphold your constitutional rights, good luck! When you do not have the only key or only means of entry you have no real expectation of privacy. Likewise a hotel can transfer you to another room and as you exist guess who will be waiting to say hello. If you want castle rights do not cross the moat.

Ashley2010 See my TER Reviews 3498 reads
posted
5 / 6

You are partially right. I have seen it all and then some from hotels. However, I am the provider that has been comped free nights in presidential suites because of overly nosey hotel staff. I'm also very discrete when I check in, many different disguises scrubs, nun habit, business attire.

In reality, unless a hotel has been noted by LE for hobby activity they won't bite the hand that feeds them. Providers are a good bulk of their income. With that being said, it's better to play it safe and not have incriminating evidence lying around. It's not uncommon for house keeping to knock once and then barge in

nahtynikkey See my TER Reviews 3747 reads
posted
6 / 6

As far as, if hotel staff thinks you're doing something illegal, they can call LE. You DO NOT have to let LE in, unless they have a warrant, you can deny them access. Also, only the person that the rooms name is in, can grant permission to LE to enter and search the room if they do not have a warrant, otherwise, it makes the search inadmissible should the person who's name the room is in, should protest about the search that they didn't authorize.  There was a discussion about this on another board, and an attached article covered this completely...

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