When the chit hits the fan

[Mizzou82]

Was on the StL board reading a thread about a poor provider who had the hotel call the police on her. What a terrible thing to happen. As you can guess (since this is what we all are so careful to avoid), the thread had many, many, comments.

This situation ended with the provider and her date being asked to leave the hotel after a LE search of the room. no doubt, the best possible end to a bad situation.

What got to me was a provider who advised that she should have asked the LE for a warrant, stated her rights, etc. PLEASE PLEASE PLEASE NEVER DO THAT. Remember you are not alone in that room. Protesting of any kind is just asking for more trouble than you already have. If I was her date and she did that I would die from a heart attack.

If I were ever in a situation where the police were at the door, I would pray that my date would do and say only things that end the situation as quickly as possible. Show respect to LE, take advantage of any options (leaving hotel or jurisdiction) that will get you out with a warning, and under no circumstances do anything that will end with you and your date going in the system cause you gave the LE an attitude

[green_betta]

i read that and thought the same. officer pulls you over for speeding but only gives you a warning. you challenge his authority. why???

[AllThisMeat]

In my experience, if an officer asks to search your vehicle or your room or your house, the answer is always, no. If they have reason to believe a crime has taken place or is taking place, they don't need your permission to search the room. If the smell something or see something in plain sight which gives them reason to believe a crime is being committed they can search without a warrant.

When I get pulled over for speeding... I know my rights.
When I'm stopped at a DUI checkpoint, I know my rights.

Granted, you do not want to antagonize an officer... but so many people have gotten caught up by saying yes when they should have said no.

[Allie_Kat]

I didn't think that you could refuse a room search at a hotel/motel since it's not your residence?

[maxswell69]

I think you can, since you've bought the room for a term (until checkout time) but the LEO will almost certainly go get a warrant.

[03flhrci]

I would not allow a search of a hotel room. I was staying in a 5 star hotel on business once, and dropped something that rolled under the couch. When I retrieved what I dropped there was a lot a weed and paraphernalia someone had forgotten.

You never know what previous people have left in a hotel room.

[OLindsay]

Originally Posted by 03flhrci

I would not allow a search of a hotel room. I was staying in a 5 star hotel on business once, and dropped something that rolled under the couch. When I retrieved what I dropped there was a lot a weed and paraphernalia someone had forgotten.

You never know what previous people have left in a hotel room.

Very good point babe.

[AllThisMeat]

Originally Posted by Allie_Kat

I didn't think that you could refuse a room search at a hotel/motel since it's not your residence?

Fortunately you can refuse. You have a limited right of privacy in the room. If the hotel believes that you are engaging in illegal acts, then hotel management has the right to enter and search your room without your permission. Under no circumstances can the hotel authorize the police to conduct a search of your room without your consent or without a proper search warrant.

Also, hotel staff can not say which room you are staying in to a third party... they can, however, say that you are a guest in that hotel without violating your right to privacy--unless you've given instruction not to do so.

Ask any attorney or an honest cop and they'll tell you the same. The trick is that cops don't have to be honest and they are allowed to trick you into giving up your right to privacy.

[DiaanaNice]

There is no such thing as probable cause in a hotel or motel room. The fact that the motel called the cops is the probable cause and the warrant is null and void since there is no ownership of the property by the provider.

[JD Barleycorn]

Found a loaded, 9mm semi automatic up inside the bed at one motel.

[Enchanterlingum]

I have not read the thread at all to know the full circumstances of what occurred. Laws differ from state to state and even from one judicial district to another. The only law of the land, as it were, are cases that have been reviewed by the Supreme Court. Until they get to that point, the application of law can easily be different between say the 9th district that governs California, and the 10th that governs Kansas, or the 8th in Missouri.

While an arrest of any sort could possibly damage my livelihood, I always fully exercise my individual rights when dealing with police. If I am falsely arrested for doing so, that's what lawyers are for. Your hotel room is legally considered to be your room for the purposes of the 4th amendment. If I were alone in the room, I just would not answer the door.

While I am a big proponent of liberty and very much against police abuses, when it comes to the fate of others, I would do what was necessary to not antagonize the situation and possibly bring avoidable risk to someone else. I think there can be balance here.

The bottom line is that if the hotel is the one who called the cops, I don't think there would be any way to stop a police search of the room, merely delay the inevitable. They will get a warrant, or could just outright invent exigent circumstances in order to get in to see what you are hiding. Whatever that was found would likely get kicked in court with semi-competent legal assistance, but the damage has already been done, should things get to that point.

[Unique_Carpenter]

Originally Posted by Enchanterlingum

The bottom line is that if the hotel is the one who called the cops, I don't think there would be any way to stop a police search of the room, merely delay the inevitable. They will get a warrant, or could just outright invent exigent circumstances in order to get in to see what you are hiding. Whatever that was found would likely get kicked in court with semi-competent legal assistance, but the damage has already been done, should things get to that point.

Correct as all decent hotels have a room entry policy, posted, or otherwise noted on the rental agreement, that allows entry. Although geared towards tossing partying college kids and quick one day chemical labs, they can and will toss anyone. Note that they usually have backup (local badge) when they do.
However, stuff found will not get kicked in court, because,if anything is of interest to the badge is "in sight" or "smells wrong" (ie. chemicals) when the door opens, the badge takes over, and whatever found will stick in court. Badges go to training, refresher training, etc. and get a little piece of certified trained paper, just so a defense atty can't get something tossed cause the badge didn't know exactly what it was that was seen/smelled.

Last, how many folks on this board get a room from time to time? Do you look for stuff prior occupants may have left behind? The maids are usually moving at full speed so... Do you want to get stuck for smething that's not yours?

[BigMikeinKC]

Having run hotels in MO, no warrant is needed to search a guest's room as long as the hotel is allowing it or requesting it.

That being said most upscale hotels do not care if a provider has a room as long as a low profile is being kept. Stay out of the bars, keep the number of clients you see low, no drugs, don't trash your room, no pimps hanging around, etc. Remember, really nice places do not like to see their name in the paper. If you do get asked to leave, leave quietly and discretely.

Lower end or mom and pop places- you just never know.