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OR: Private search of contents of hotel safe left after checkout could be turned over to police

By John Wesley Hall, Jr.

Private search by hotel employees of things left in a hotel safe after checkout is not unreasonable. State v. Stokke, 2010 Ore. App. LEXIS 612 (June 9, 2010), on remand from State v. Stokke, 348 Ore. 114, 228 P3d 1213 (2010) (reconsider in light of State v. Luman, 347 Ore. 487, 223 P3d 1041 (2009)). Defendant was a suspect in a homicide and he was stopped by an officer off duty in a pickup truck. A patdown for a weapon was permissible. “We further conclude that Detective Bartlett's initial pat-down of the defendant was reasonable because the officer knew that the weapon was at-large and because the defendant would be riding next to the officer in a pick-up truck, with the only restraint being a seatbelt.” State v. Rose, 2010 Tenn...continue to full post

Full post as published by Fourth Amendment on June 13, 2010 (boomark / email).