Can the Police Search Your Hotel Room After Your Checkout Time?

You probably know that in most cases, the police cannot search your home without either your consent or a warrant. This same principle applies to any place where you have a “reasonable expectation of privacy.” For example, if you rent a hotel room, you have a reasonable expectation of privacy within that room for the duration of your stay. This means the police would still need your consent or a warrant to conduct a search of the room.

Georgia Appeals Court Upholds Drug Conviction

But when does the reasonable expectation of privacy in a hotel room end? The Georgia Court of Appeals recently addressed this question. The case before the court, Couch v. State, involved a man charged with illegal possession of drugs and weapons.

The facts are fairly straightforward. One morning, local police went to a hotel in search of a known fugitive. An officer showed the front desk clerk a picture of the fugitive. The clerk said he recognized the person in the picture as “associated with” a room registered to a hotel guest.

The registered guest was the defendant’s father. The defendant was also staying in the room. The hotel manager allowed the police to enter the room, where they found “illicit narcotics” in plain view. This led to the defendant’s arrest.

The manager allowed police entry just after 11 a.m., which was the hotel’s normal checkout time for guests. This proved a critical issue before the trial court. The defendant moved to suppress the evidence gathered from the hotel room, alleging it was an illegal search. The trial judge denied the motion, holding the defendant lacked legal standing to challenge the search in the first place.

A jury proceeded to convict the defendant of multiple charges. On appeal, the defendant again challenged the legality of the hotel room search. But the Court of Appeals agreed with the trial judge that the defendant could not challenge the search.

The reason was simple: Since the search occurred after the hotel’s 11 a.m. checkout time, possession of the room “reverted” back to the hotel. The defendant’s consent was therefore no longer necessary for the police to conduct a search of the room where they had the hotel manager’s permission. As the Court of Appeals explained in its decision, a short-term hotel guest “has no reasonable expectation of privacy in his room after checkout time.”

Contact Hawkins Spizman Trial Lawyers Today

The rules governing where and when the police can search your property are often confusing to people who have no prior experience dealing with Georgia’s criminal justice system. This is where it helps to work with an experienced Atlanta drug crimes attorney. Contact Hawkins Spizman Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

efast.gaappeals.us/download?filingId=dc38c47a-0904-470f-8562-ae7106895ad4