MO holds overstaying hotel rental period waiver of REP

Defendant paid for a room at a hotel through 11/7. On 11/8 he was still there and hadn’t paid. Hotel security went to the room, unlocked it, and the inside latch was locked. The door opened only two inches. Defendant was in there only in his underwear. The security person told him to take care of the bill. A pungent, strange odor came from the room. He could see the room was trashed. Another security officer arrived, and defendant finally came out fully dressed with a wine bottle in his hand. He said he was going to leave and they couldn’t keep him, and they detained him for not paying for the room. He was sweating profusely and yelling. The room was technically vacant on 11/8 for nonpayment. Added to that, defendant was showing no reasonable expectation of privacy in the room because he was trying to leave without paying. State v. Ballard, 2014 Mo. App. LEXIS 1408 (December 16, 2014).

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