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CA10: Being in a hotel room 20 minutes as a visitor does not make one a guest

By John Wesley Hall, Jr.

Somebody who spent 20 minutes in a hotel room and did not have a key did not have standing to challenge its search as a guest. United States v. Arrington, 2008 U.S. App. LEXIS 22188 (10th Cir. October 14, 2008)* (unpublished). Knock-and-talk led to probable cause and exigent circumstances. United States v. Smalls, 2008 U.S. Dist. LEXIS 86186 (S.D. Fla. October 16, 2008)*: Based upon the analysis set forth below, the undersigned concludes that the Defendant voluntarily consented to open his door in response to the police knocking on the door; that once he opened the door the police had probable cause to arrest him and to believe that there was contraband inside the apartment; that exigent circumstances arose after the police presence at the Defendant's front door was known, and these circumstances justified the warrantless entry into the Defendant's apartment to effectuate his arrest and seize the evidence in plain view; and, the police were justified in conducting a protective sweep of the entire apartment incident to his arrest, since all areas of the apartment adjoined the area where he was arrested.continue to full post

Full post as published by Fourth Amendment on October 27, 2008 (boomark / email).