D.Colo.: Hotel has no duty to protect guest from 4A violations, assuming there was one

An airline pilot nude in his room who was seen through the window doesn’t state a Fourth Amendment claim that the hotel had a duty to protect him from being seen by the public. Besides that, he doesn’t state any other Fourth Amendment claim against the hotel. Collins v. Westin DIA Operator, LLC, 2021 U.S. Dist. LEXIS 7294 (D. Colo. Jan. 14, 2021):

It is well-established that the Fourth Amendment protects hotel guests from unreasonable searches and seizures. See Stoner v. State of Cal., 376 U.S. 483, 490 (1964). However, Plaintiff provides no legal support for his contention that a hotel has a duty to protect its guests’ Fourth Amendment rights, or that Defendant’s lack of training to protect hotel guests’ Fourth Amendment rights is a “danger.” See Beattie v. Smith, 2013 WL 467297, at *6 (D. Kan. Feb. 7, 2013), aff’d 543 F. App’x 850 (10th Cir. 2013) (dismissing claims against hotel security officers where “plaintiff has failed to show how … hotel employees are legally responsible for the actions of [police], or that hotel employees had a duty to intervene in the police investigation”). Accordingly, the Court finds that Plaintiff has not plausibly alleged that Defendant’s failure to provide Fourth Amendment training to its employees constitutes a “danger” under the CPLA.

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