{"id":2381,"date":"2009-12-24T07:43:37","date_gmt":"2008-08-19T09:24:19","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-08-19T09:24:19","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2381","title":{"rendered":"NC: Demand for entry into hotel room by police with consent of management was unlawful"},"content":{"rendered":"

A hotel proprietor has the ability to enter for the safety of all customers of the hotel, but that was not a waiver of defendant’s expectation of privacy in his rented room from the police. There was a knock at the door by the police and an order to open the door or it would be broken down. That was not consent. The entry was thus invalid. State v. McBennett<\/a>, 191 N.C. App. 734, 664 S.E.2d 51 (2008).<\/p>\n

Consent to search defendant’s person included here implied consent to search the defendant’s mouth when it became apparent that defendant was hiding something in his mouth. In re S.D.R.<\/a>, 191 N.C. App. 552, 664 S.E.2d 414 (2008):<\/p>\n

In the present case, the officer was investigating a potential larceny. When the officer requested a search, defendant consented. The officer began to question defendant after the search. The trial court received evidence that defendant became unresponsive to the officer’s questions and would not make eye contact. Furthermore, there was evidence that the officer observed something in defendant’s mouth. The police officer had reasonable suspicion that criminal activity was afoot. Reviewing this evidence in the light most favorable to the State, we must agree with the State’s contention that this evidence was sufficient to justify the adjudication.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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