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Criminal Law

: Fourth Amendment

A mere visitor to a hotel room has no standing, but facts here indicated defendant might have standing

By John Wesley Hall, Jr. (all)

Mere visitor to a hotel room, as opposed to a guest of a guest, has no standing to challenge a search. Here, whether defendant was going to be a guest where another rented two rooms was disputed, so the court assumes that he has standing and rules against him on consent. United States v. Williams, 2008 U.S. App. LEXIS 7361 (8th Cir. April 7, 2008): The fact that Williams did not register or pay for the hotel room does not necessarily preclude him from having a reasonable expectation of privacy in the room. See United States v. Jeffers, 342 U.S. 48, 50-52 (1951) (individual who was allowed to use hotel room, had a key, and often entered room for various purposes could object to search of room on Fourth Amendment grounds even though someone else paid and registered for the room)...continue to full post

Full post as published by Fourth Amendment on April 08, 2008 (boomark / email).

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