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D.Haw.: Defendant's arrest led to hotel evicting him, and the government could search his stuff

By John Wesley Hall, Jr.

Defendant was legitimately evicted from his hotel room after his arrest by the FBI for sex trafficking. The hotel essentially had control over the power to evict. Also, when the officers were in the room, there was a plain view of some additional evidence. They also validly conducted a protective sweep of the room for a weapon. Defendant handed the FBI his car keys to be delivered to the other person in the room which brought them to the room. United States v. King, 2010 U.S. Dist. LEXIS 16433 (D. Haw. February 24, 2010).* The officer stopped the defendant’s vehicle without reasonable suspicion. The officer directed the passenger out of the car, and saw a holster inside the open door. A gun was observed under the vehicle, which the officer did not see put there...continue to full post

Full post as published by Fourth Amendment on February 27, 2010 (boomark / email).