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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 06-14-2017, 09:25 PM   #16
maa2015
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I suggest you retain an attorney and fight the ticket. I am just an old retired military guy but sounds like some snitched thus, involving the popo. As for all of we need to stay safe.
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Old 06-15-2017, 10:34 AM   #17
DocHolyday
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UC, you better stick to building houses and leave the legal opinions to professionals. First, this allegedly occurred in Texas, placing it in the 5th Circuit court therefore, 8th Circuit Court opinions are merely advisory. Secondly, you may want to read this opinion from the Supreme Court. https://supreme.justia.com/cases/federal/us/547/103/ It's Georgia v. Randolph. In it the court states in part, "that overnight houseguests have a legitimate expectation of privacy in their temporary quarters."

Pay attention here UC. LD's question was "but why would the cops have even came to my room in the first place??? and how do they have proof?"

I did not address the OP's second question as it would call for pure speculation on my part. So I was responding to the first question or rather, my interpretation of what the OP was asking. A literal interpretation of the OP's first question would also lead to speculation therefore, I speculated as to what the OP was asking. That being, what right did the police have to enter her room without a warrant.

If you will read my earlier comments and this Supreme Court opinion, you will see the Supreme Court's opinion and mine are the same. LD had a reasonable expectation of privacy in her room. The police are required to obtain a warrant to enter her room. Hotel staff giving permission to LE to enter an occupied room does not trump the guest's 4th Amendment right to privacy. Therefore, the entry by LE was illegal without a warrant.

UC, you want to talk about evicting LD. That was clearly not LD's question. If the hotel did such a thing, I believe LD has a cause of action for breach of contract. However, that was NOT LD's question. You want to talk about what you want to talk about and not focus on LD's question. I would think a carpenter would know the importance of staying focused because if you don't, you will hit your finger rather than the nail. If we took your opinion literally, hotel staff could take a guests money then send up an agent to tell the guest to get out for any reason or no reason, without recourse. . That would be an absurd result.

Again, stick with carpentry work. Don't be like the "jail house lawyers" I run into all the time who make total fools of themselves in a REAL COURT! Now I have no further time to waste on this thread. The lady has her correct answer to her serious question. Court is adjourned!
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Old 06-15-2017, 11:27 AM   #18
Unique_Carpenter
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Thanks for your thoughts Doc.
But a personal residence is not a hotel room. Thus, your case reference is not applicable. If you go to the case I referenced, the judges specifically considered rental situations vs hotel.

If you can find another hotel based case that contradicts the one I posted, please post that.
However, note the large hotel chain outfits base their policies on the case I linked.
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Old 06-15-2017, 03:42 PM   #19
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Doc,
Did you miss the part where I mentioned that it's clear that hotel decided that they wanted her to leave. That's the action point.
Hotel called popo.
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Old 06-15-2017, 06:05 PM   #20
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Hey doc, I'm your Huckleberry.
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Old 06-20-2017, 05:10 AM   #21
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Guys I've figured it out and it was the hotel that was causing me all the trouble... Thanks for all your great answers though
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