{"id":46866,"date":"2021-01-15T09:04:53","date_gmt":"2021-01-15T14:04:53","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=46866"},"modified":"2021-01-15T11:32:02","modified_gmt":"2021-01-15T16:32:02","slug":"d-colo-hotel-has-no-duty-to-protect-guest-from-4a-violations-assuming-there-was-one","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=46866","title":{"rendered":"D.Colo.: Hotel has no duty to protect guest from 4A violations, assuming there was one"},"content":{"rendered":"\n<p>An airline pilot nude in his room who was seen through the window doesn\u2019t state a Fourth Amendment claim that the hotel had a duty to protect him from being seen by the public. Besides that, he doesn\u2019t state any other Fourth Amendment claim against the hotel. <a href=\"https:\/\/www.courthousenews.com\/wp-content\/uploads\/2021\/01\/Nude-Pilot-v-DIA-Dismissed.pdf\">Collins v. Westin DIA Operator, LLC<\/a>, 2021 U.S. Dist. LEXIS 7294 (D. Colo. Jan. 14, 2021):<\/p>\n\n\n\n<!--more-->\n\n\n\n<p>It is well-established that the Fourth Amendment protects hotel guests from unreasonable searches and seizures. See Stoner v. State of Cal., 376 U.S. 483, 490 (1964). However, Plaintiff provides no legal support for his contention that a hotel has a duty to protect its guests\u2019 Fourth Amendment rights, or that Defendant\u2019s lack of training to protect hotel guests\u2019 Fourth Amendment rights is a \u201cdanger.\u201d See Beattie v. Smith, 2013 WL 467297, at *6 (D. Kan. Feb. 7, 2013), aff\u2019d 543 F. App\u2019x 850 (10th Cir. 2013) (dismissing claims against hotel security officers where \u201cplaintiff has failed to show how \u2026 hotel employees are legally responsible for the actions of [police], or that hotel employees had a duty to intervene in the police investigation\u201d). Accordingly, the Court finds that Plaintiff has not plausibly alleged that Defendant\u2019s failure to provide Fourth Amendment training to its employees constitutes a \u201cdanger\u201d under the CPLA.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>An airline pilot nude in his room who was seen through the window doesn\u2019t state a Fourth Amendment claim that the hotel had a duty to protect him from being seen by the public. Besides that, he doesn\u2019t state any &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=46866\">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":[73],"tags":[],"class_list":["post-46866","post","type-post","status-publish","format-standard","hentry","category-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46866","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=46866"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46866\/revisions"}],"predecessor-version":[{"id":46876,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46866\/revisions\/46876"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=46866"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=46866"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=46866"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}