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D.Neb.: Two guests in a hotel room who had not yet spent the night had standing

By John Wesley Hall, Jr.

Two defendants who were guests in a hotel room who were with the renter had not yet spent the night still had standing. United States v. Ibarra-Penuelas, 2010 U.S. Dist. LEXIS 42110 (D. Neb. March 16, 2010): The court finds Ibarra and Ramirez had standing to challenge the officers' entry into the hotel room. When Cruz and the defendants checked into the hotel, all three individuals were visible from the front desk, even though only two individuals approached the front desk. The room was furnished for multiple occupants. Merely by having only Cruz's name appear on the receipt does not indicate he was the sole guest at the hotel. The court finds the defendants manifested a subjective expectation of privacy in the hotel room and such expectation of privacy in the hotel room is objectively reasonable...continue to full post

Full post as published by Fourth Amendment on May 04, 2010 (boomark / email).