Generally, in a hotel room, your right to privacy is about the same as it is in your own home.
If you don't let them in and they cannot see evidence of a crime in plain sight from where they are standing, based upon your facts, they have nothing. They could attempt to obtain a search warrant, but I doubt any judge would give it to them. They would need articulable facts to establish probably cause that evidence of a crime would be found - under your facts, what crime?
Here's just a little tip. Anytime the police cum to your home, hotel room, where-ever, they are almost always going to ask to "come in and speak with you for a minute." Once in they can look around (or smell around) for evidence of a crime while they ask you questions. If they see something, then they get to use the "plain view" doctrine to start searching. They will also frequently claim they could smell the odor of burnt marijuana as a basis to search.
If you ever find yourself in such a situation, your best bet is to NOT let them in, and instead, go outside or out into the hallway, and shut and lock the door behind you (make sure you have your key). That way there is NO plain sight or smell. They may still ask for consent to search, but if you say NO, they are going to need to get a warrant.
Another tip - make any encounters with LE as brief as possible. Find out what they want, tell them you don't want to talk to them, and then ask them if you are free to leave.
Bottom line - if they have enough to arrest you, you are not going to talk your way out of it; however, if they don't have enough, if you start talking to them or letting them search your stuff, you may give them what they need to make an arrest.
Best advice: STFU.
If provider and Hobbyist are going at it in a hotel room and LE knocks on the door. Under what circumstances would LE be able to enter the room and do a search?
Lets all Assume we know our rights and deny their requests to come in or search and refuse to answer their questions tactfully and politely.
CA Law preferred
They'll probably get you for disturbing the peace!
I'm not sure if being in a hotel room is always the same as being in your home as far as right to privacy is concerned.
What if the inn keeper filed a complaint because he heard complaints from another guest that the woman was having lots of strange men show up all the time?
It's a good question though.
(still not a lawyer)
Generally, in a hotel room, your right to privacy is about the same as it is in your own home.
If you don't let them in and they cannot see evidence of a crime in plain sight from where they are standing, based upon your facts, they have nothing. They could attempt to obtain a search warrant, but I doubt any judge would give it to them. They would need articulable facts to establish probably cause that evidence of a crime would be found - under your facts, what crime?
Here's just a little tip. Anytime the police cum to your home, hotel room, where-ever, they are almost always going to ask to "come in and speak with you for a minute." Once in they can look around (or smell around) for evidence of a crime while they ask you questions. If they see something, then they get to use the "plain view" doctrine to start searching. They will also frequently claim they could smell the odor of burnt marijuana as a basis to search.
If you ever find yourself in such a situation, your best bet is to NOT let them in, and instead, go outside or out into the hallway, and shut and lock the door behind you (make sure you have your key). That way there is NO plain sight or smell. They may still ask for consent to search, but if you say NO, they are going to need to get a warrant.
Another tip - make any encounters with LE as brief as possible. Find out what they want, tell them you don't want to talk to them, and then ask them if you are free to leave.
Bottom line - if they have enough to arrest you, you are not going to talk your way out of it; however, if they don't have enough, if you start talking to them or letting them search your stuff, you may give them what they need to make an arrest.
Best advice: STFU.
That would be my first question to LE if I were in that position. My next statement, regardless of the answer I received from LE would be, "No I don't don't think I will permit that, am I under arrest, and/or do you suspect me of comitting a crime?" Followed with "Thank You and have a nice day now" lol
Quite frankly if LE had probably cause to search your room, all the protests to the contrary would do you no good. That said, unless you have drugs, illegal firearms, etc on the premises, what could they find that would give them evidence of a crime? A used condom would hardly be considered evidence of a crime, the last time I checked sex was still legal in this country.
The usual mantra applies, You have the legal right to STFU, use it. lol
I had a situation last night that seems to be related to this topic. I had set up an appointment at a hotel (hers). I initially got there and parked, and made an initial call. When I received a call back I decided to move my car to a closer location when I discovered three police cars in front of the hotel (a mid-range line, in a good neighborhood). I got spooked and cancelled the appointment; which I felt bad about but felt that it was better to be safe than to push something. Another key fact to the story is that the provider has been reviewed and I wasn't overly worried that she was part of a sting.
So what should I have done? What would you have done?
I cant tell you how many times I have walked into a hotel here in manhattan and the outside was loaded with cop cars. One thing I know for a fact is, cops who wear uniforms dont arrest providers. They are always plain clothes..
But NYC is always crawling with cops. You get use to it. Some small town might be different.
B
Just my 2 cents worth
I never quite understood all the countless
threads posted about Probable Cause, and LE, and "our rights".
Honestly lets be realistic here, cops are cops meaning they have a lot of authority and can basically do whatever the hell they want to meet
their quotas required for advancement. They are
respected authorities of the law and they possess
power that is more often than not abused.
They take full advantage of a provider's vulnerability and honestly whose going to argue with them...unless you have an extra 5000 to retain an attorney...you're at their mercy and they know it. Be wise know your rights in any state your in. As we all know "prostituition" laws are state regulated meaning every state has different laws and procedures.
Ultimately it is important to know how LE works in each area you are in(educate yourself)...either by getting information from other providers or hobbyists. I think the best defense is to know your surroundings at all times. Remember you can view each states "statutes" or laws right on the internet.
Take care ladies...and be safe.
Happy Thanksgiving to all!!!!
xoxoxo
Avery
If LE believed you were guilty of a crime the most likely scenario would be for them to try and separate the two individuals. Perhaps they you ask one of you to come out into the hall and talk, leaving the other waiting and wondering what's going on. They might distract the one in the hall by having one LE talk them while a second LE would then go back to the one left in the room. The second LE would most likely lie to the person in the room and tell them that the one in the hall spilled their guts about what was going on. The person left in the room would then feel ratted on and probably feel compelled to confess.
The technique of separating multiple suspects and lying that one of them spilled their guts is extremely common and very effective.
Your best defense is not to let them in the room, don't leave the room and don't talk to them. Then wait to leave until you're are sure they are gone. If you do get separated and told the other one confessed, don't believe it and STFU.
If one person really did confess, then they really don't need to come to the other and tell them that they did, they would just arrest you. They have all the evidence they need. They only reason to tell a suspect that someone else confessed is to try to compel that person to confess.
Always STFU and let a lawyer figure out what evidence they have.