Legal Question in Criminal Law in California

Warrantless search & seizure involving parole in hotel room not registered to hi

anonymous party called police to report seeing two handguns & methamphetamine in room 298. they

also said person occuping room was name outlaw.

while police were in route to hotel dispate advised outlaw had two warrents. motel clerk register showed room 298 rented to lucy medina.

Did police have right to enter room with key & not renter concent? After entering room outlaw was handcuffed & placed in middle of floor did police have right to search room without renters concent?


Asked on 9/23/99, 11:52 am

1 Answer from Attorneys

Eric Chase The Chase Law Group

Re: Warrantless search & seizure involving parole in hotel room not registered t

The primary issue is whether this individual had a reasonable expectation of privacy in the hotel room. Depending upon who's name the hotel room was rented in he would have a reasonable expectation requiring a proper search and seizure warrant (note: depending on circumstances, a warrantless search may have been justified if the police have probable cause to believe the drugs and guns are in the room and they are capable of quickly disposing of these items.) In this scenario if the informant was deemed a reliable source, a warrantless search and seizure may have been justified.

If the search and seizure was justified, police are still required to first knock and announce their presence. Failure to comply may result in exclusion of the evidence from trial.

Additionally, if the search was illegal, person in question may not have a standing to assert his 4th ammendment right to privacy because the room was rented in someone elses name. With few exceptions, only the person who is renting the room has an expectation of privacy.

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Answered on 9/30/99, 2:35 pm


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