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NC: Demand for entry into hotel room by police with consent of management was unlawful

By John Wesley Hall, Jr.

A hotel proprietor has the ability to enter for the safety of all customers of the hotel, but that was not a waiver of defendant's expectation of privacy in his rented room from the police. There was a knock at the door by the police and an order to open the door or it would be broken down. That was not consent. The entry was thus invalid. State v. McBennett, 2008 N.C. App. LEXIS 1486 (August 5, 2008). Consent to search defendant's person included here implied consent to search the defendant's mouth when it became apparent that defendant was hiding something in his mouth. In re S.D.R., 2008 N.C. App. LEXIS 1481 (August 5, 2008): In the present case, the officer was investigating a potential larceny. When the officer requested a search, defendant consented...continue to full post

Full post as published by Fourth Amendment on August 19, 2008 (boomark / email).