{"id":7601,"date":"2012-08-18T09:11:36","date_gmt":"2012-08-18T09:10:37","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-08-18T09:10:37","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7601","title":{"rendered":"N.D.Cal.: Hotel mgr couldn’t consent to entry; officer in full uniform hardly a private citizen"},"content":{"rendered":"

Sensing that the officer\u2019s entry into a hotel room without consent of the occupant but the consent of the hotel manager was really bad [since Stoner<\/a> in 1964, nearly 50 years ago], the government argued that the officer, in full uniform, was acting as a private citizen. No. United States v. Roberts, 2012 U.S. Dist. LEXIS 115638 (N.D. Ga. June 28, 2012)*:<\/p>\n

Officer Funderbrik was in full police uniform, carrying a weapon, and investigating a possible crime, all of which were authorized by state law. He did not tell Defendant that he was acting as a private citizen, and there was no reason for Defendant to believe that Officer Funderbrik was acting as anything other than a police officer. After his entry, Officer Funderbrik questioned Defendant about drugs and used his authority as a police officer to handcuff and detain the Defendant. The officer presumably used police equipment to handcuff the Defendant and to radio for assistance from other officers. Based on these facts and the applicable authorities, I find that Officer Funderbrik was acting under color of law, and not as a purely private person when he entered Defendant’s hotel room.<\/p>\n

It has long been established that hotel management does not have authority to allow law enforcement agents to enter a guest’s hotel room without a search warrant. Stoner v. State of California, 376 U.S. 483, 489, 84 S.Ct. 889, 11 L.Ed.2d 856 (1964). Because there was no search warrant, consent, or exception to the warrant requirement, Officer Funderbrik’s entry into Defendant’s hotel room was in violation of the Fourth Amendment. The government did not argue or prove that there was any intervening factor that attenuated the connection between Officer Funderbrik’s entry and his obtaining of evidence and statements. Thus, any evidence or statements obtained by Officer Funderbrik should be suppressed.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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