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No expectation of privacy in a motel register from the police

By John Wesley Hall, Jr.

The city argues that motels are "closely regulated businesses" under Burger, but it probably is not, and the court does not have to reach that. The real issue is whether there is a reasonable expectation of privacy in a hotel register that was shown to the police under a city ordinance, and there is not. Patel v. City of Los Angeles, 2008 U.S. Dist. LEXIS 78914 (C.D. Cal. September 5, 2008).* Plaintiff's strip search followed the USMS policy on strip searches. The court declines to adopt a per se rule because of Second Circuit precedent that a person charged with a violent crime may be strip searched. It is, however, relevant. Here, the strip search was reasonable under the circumstances. Harriston v. Mead, 2008 U.S. Dist. LEXIS 79001 (E.D...continue to full post

Full post as published by Fourth Amendment on October 12, 2008 (boomark / email).