Drug Crimes

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Monday, May 9, 2011

REASONABLE EXPECTATION OF PRIVACY IN HOTEL ROOMS

By Michael Nichols
Categories: Drug Crimes

 Ever stay in a hotel room and the next day when you are supposed to check-out, you sneak a little longer stay that is beyond the check-out time?  If so, you should know that, unless you get permission to extend your check-out time, you no longer have a reasonable expectation of privacy.  In a recent decision by the 6^th U.S. Court of Appeals, U.S. v Lanier, the court ruled that defendant had no reasonable expectation of privacy because he stayed beyond the 11:00 a.m. check-out time.  Defendant was within the 1 hour grace period, but that did not matter because there was no history of the hotel giving him permission to stay beyond the check-out time.  Defendant put a “Do not disturb” sign on his door and then left the room.  The housekeeper entered the room and saw a large amount of cocaine in the room.  The police were called, and the room was searched.  The decision means that in order to maintain the “reasonable expectation of privacy,” the hotel guest must get the hotel’s explicit or implicit permission to remain in the room beyond the check-out time.