TX: Once hotel moves to evict a renter, any REP in the room ceases

“Appellant’s expectation of privacy in the hotel room was extinguished once the hotel staff took affirmative steps to evict him on suspicion that he was using illegal drugs in his room in violation of hotel policy. Thus, the police officers’ entry into his room at the request of hotel staff to facilitate the eviction was lawful. Because we conclude that the court of appeals erred in holding otherwise, we reverse.” Tilghman v. State, 2021 Tex. Crim. App. LEXIS 607 (June 23, 2021), rev’g Tilghman v. State, 576 S.W.3d 449 (Tex. App.—Austin 2019).

Contrast:

The officers here were sent to defendant’s room because of hotel management complaining of the smell of marijuana. After one knocked on the door, a woman opened the door. The lead officer’s testimony showed he had half crossed the threshold into the room when he saw defendant’s gun and entered to retrieve it. Suppressed; entry without exigency. Commonwealth v. Martin, 2021 PA Super 128, 2021 Pa. Super. LEXIS 387 (June 23, 2021).