{"id":2284,"date":"2008-07-22T08:30:49","date_gmt":"2008-07-22T08:30:49","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-07-22T08:30:49","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2284","title":{"rendered":"Motel clerk’s request for assistance in making sure room was clear justified a plain view"},"content":{"rendered":"

Motel clerk asked for police assistance in making sure that suspicious occupants were no longer in the room. The clerk opened the door with the police in tow, and that qualified for plain view of what was seen. Johnson v. State<\/a>, 2008 Ga. App. LEXIS 857 (July 16, 2008) (over a dissent)*: <\/p>\n

On appeal, Johnson argues that the search of the room was unlawful because the officers did not have authority to enter the motel room when they had no search warrant, no consent to enter, or exigent circumstances that justified their warrantless intrusion. Although the United States Supreme Court has held that the consent of a motel employee to the search of a motel room does not validate the search, there is no Georgia precedent or binding federal precedent which makes it unlawful for the police to enter a motel room upon the request of motel employees to ensure the safety of the employees. In the case at bar, the motel general manager called the police to investigate suspicious activity. The officer entered the motel room at the explicit request of the motel desk clerk while she was attempting to evict the room’s occupants. She was concerned for her safety. As Officer Ford testified, “She asked me pointedly to check the room to make sure nobody was in it.” Assisting motel owners and employees in this manner should be a normal and lawful aspect of police work. This is not a case in which the room was occupied and the occupants refused to allow the police to enter, and the police entered the room despite the lack of consent. <\/p><\/blockquote>\n

Georgia statute that states that a speeding ticket shall not be issued by local officers unless the vehicle is going ten miles per hour over the speed limit does not apply to state troopers, so the officer had a basis for the stop. Hayes v. State<\/a>, 2008 Ga. App. LEXIS 853 (July 15, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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