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  1. #1
    Join Date
    Apr 2012
    Location
    Kentucky
    Posts
    5

    Default Right to Privacy in a Hotel Room

    My question involves police conduct in the State of Kentucky. Does an absconder have the right to privacy when arrested leaving a hotel room in which he was living for weeks? When arrested for parole violation outside his hotel room which was not in his name, the police used his hotel room key to enter his room and do a warrantless search. They found crack cocaine inside an article of clothing in the hotel room. Did the police have probable cause to do the search and is the evidence admissible?

  2. #2
    Join Date
    Sep 2010
    Posts
    9,749

    Default Re: Right to Privacy

    Parolees generally have waived all right to privacy when it comes to monitoring their compliance with parole conditions. This includes allowing such searches. If acting under the guidance of the Dept. of Corrections (parole) they don't need to show probable cause.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,947

    Default Re: Right to Privacy

    If he does not want to live by the rules of parle, then next time he can choose to serve out his full sentence in prison.

    Yes, they can search the residence of the parolee. If he had been living in the room for weeks, it would generally be subject to search.

    Your absconder friend is going back to prison, and the chances are he will not be so lucky to see parole for quite some time if they file the new charges.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  4. #4
    Join Date
    Apr 2012
    Location
    Kentucky
    Posts
    5

    Default Re: Right to Privacy

    I know probation and parole have the right to a warrantless search. He thinks he can have the case dismissed because it was illegal search and seizure, but with him being a fugitive he had no rights and he was living above his means and that was enough probable cause to search his room without the evidence seized being tainted.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,947

    Default Re: Right to Privacy

    As a parolee, they would not even NEED probable cause to conduct a search if he waived his 4th Amendment rights as a condition of parole (and they all do).
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  6. #6
    Join Date
    Jul 2010
    Posts
    3,583

    Default Re: Right to Privacy

    It was NOT an illegal search. They did not need a warrant to search where he was so it matters not one iota what probable cause the druggie fugitive thinks they had. The person who got the room should also be thanking their lucky stars THEY aren't facing charges.

  7. #7
    Join Date
    Apr 2012
    Location
    Kentucky
    Posts
    5

    Default Re: Right to Privacy

    Thank you for your input

  8. #8
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    14,448

    Default Re: Right to Privacy in a Hotel Room

    Many convicted criminals think they have the system figured out. It is only repetitive and not convicted ones that seem to.
    Dear Santa. For Xmas this year I want a fat bank account and a slim body. Please don't mix them up again.
    Why do stores in the US have so many undocumented shoppers?

  9. #9
    Join Date
    Dec 2011
    Posts
    203

    Default Re: Right to Privacy

    Must join the chorus.

    This was NOT an illegal search.

    First, the room was not in his name, so he has no rights whatsoever involving the room. None. Nada.

    Second, he was arrested outside the room. The police could do a search of the room incident to the arrest.

    Third, by being on probation or parole he and his room are subject to search without a warrant.

    Fourth, being a fugitive also factors in but at this point it is redundant.

    The person who rented the room is lucky not to be under arrest, or my favorite, INDICTED by a Grand Jury.

    Your friend is apparently as good of a lawyer as he is a criminal. He needs to find a new line of work after doing his time.

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