{"id":2612,"date":"2009-08-15T08:09:07","date_gmt":"2008-10-27T06:25:51","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-10-30T06:32:52","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2612","title":{"rendered":"CA10: Being in a hotel room 20 minutes as a visitor does not make one a guest"},"content":{"rendered":"<p>Somebody who spent 20 minutes in a hotel room and did not have a key did not have standing to challenge its search as a guest. <a href=\"http:\/\/ca10.washburnlaw.edu\/cases\/2008\/10\/08-4018.pdf\">United States v. Arrington<\/a>, 296 Fed. Appx. 646 (10th Cir. 2008)* (unpublished).<\/p>\n<p>Knock-and-talk led to probable cause and exigent circumstances. United States v. Smalls, 617 F. Supp. 2d 1240 (S.D. Fla. 2008)*:<\/p>\n<blockquote><p>Based upon the analysis set forth below, the undersigned concludes that the Defendant voluntarily consented to open his door in response to the police knocking on the door; that once he opened the door the police had probable cause to arrest him and to believe that there was contraband inside the apartment; that exigent circumstances arose after the police presence at the Defendant&#8217;s front door was known, and these circumstances justified the warrantless entry into the Defendant&#8217;s apartment to effectuate his arrest and seize the evidence in plain view; and, the police were justified in conducting a protective sweep of the entire apartment incident to his arrest, since all areas of the apartment adjoined the area where he was arrested.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=2612\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-2612","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2612","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2612"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2612\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2612"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2612"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2612"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}