{"id":46335,"date":"2020-12-04T07:36:59","date_gmt":"2020-12-04T12:36:59","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=46335"},"modified":"2020-12-04T08:41:33","modified_gmt":"2020-12-04T13:41:33","slug":"ca6-motel-keeper-searching-room-with-police-on-standby-watching-was-still-private-search","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=46335","title":{"rendered":"CA6: Motel keeper searching room with police on standby watching was still private search"},"content":{"rendered":"\n<p>A motel manager called the police to help evict room renters because a room occupant in a no-smoking hotel was smoking marijuana in a room. She searched the room while the police were there watching. They didn\u2019t encourage her. She wasn\u2019t a government agent during the search. <a href=\"https:\/\/www.opn.ca6.uscourts.gov\/opinions.pdf\/20a0680n-06.pdf\">United States v. Powell<\/a>, 2020 U.S. App. LEXIS 37599 (6th Cir. Dec. 2, 2020).*<\/p>\n\n\n\n<p>&#8220;The defendant&#8217;s contention that the search of his historical cell site location information (hereinafter CSLI) records, obtained by means of a court order issued upon a showing of less than probable cause, violated the Fourth Amendment \u2026 is unpreserved for appellate review \u2026. In any event, any error in the Supreme Court&#8217;s admission of the defendant&#8217;s CSLI records was harmless, because the evidence of guilt was overwhelming and there was no reasonable possibility that the error might have contributed to the defendant&#8217;s convictions \u2026.\u201d <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2020\/2020_07216.htm\">People v. Borgella<\/a>, 2020 NY Slip Op 07216, 2020 N.Y. App. Div. LEXIS 7400 (2d Dept. Dec. 2, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A motel manager called the police to help evict room renters because a room occupant in a no-smoking hotel was smoking marijuana in a room. She searched the room while the police were there watching. They didn\u2019t encourage her. She &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=46335\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[43,129],"tags":[],"class_list":["post-46335","post","type-post","status-publish","format-standard","hentry","category-private-search","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46335","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=46335"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46335\/revisions"}],"predecessor-version":[{"id":46340,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46335\/revisions\/46340"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=46335"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=46335"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=46335"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}