D.Neb.: Eviction of unruly hotel guest is loss of REP in room as soon as decision is made, even without statute authorizing it

Eviction of an unruly guest from a motel or hotel results in a loss of the renter’s reasonable expectation of privacy even if there is no statute governing it. Thus, the proprietor can hand over the keys to the police to assist. United States v. O’Dell, 2022 U.S. Dist. LEXIS 184172 (D. Neb. Sep. 28, 2022).

The government did not show that any exception to the warrant requirement applied to his vehicle: Not the automobile exception, not community caretaking. Suppressed. United States v. Williams, 2022 U.S. Dist. LEXIS 183816 (N.D.W. Va. Aug. 25, 2022).*

Defendant was not prejudiced by defense counsel’s failure to challenge his arrest. There was a warrant and probable cause, and his father let officers into the house to arrest him. Even if it was deficient to not have procured the dashcam video, having viewed it, it adds nothing and shows nobody lied about anything. United States v. Holland, 2022 U.S. Dist. LEXIS 183876 (N.D. Fla. Aug. 25, 2022).*

This entry was posted in Automobile exception, Ineffective assistance, Reasonable expectation of privacy. Bookmark the permalink.

Comments are closed.