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Right to Privacy in a Hotel Room

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  • 04-25-2012, 10:53 AM
    sassyscorpion11
    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?
  • 04-25-2012, 11:14 AM
    flyingron
    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.
  • 04-25-2012, 11:17 AM
    cdwjava
    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.
  • 04-25-2012, 12:06 PM
    sassyscorpion11
    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.
  • 04-25-2012, 12:22 PM
    cdwjava
    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).
  • 04-25-2012, 12:32 PM
    free9man
    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.
  • 04-25-2012, 03:20 PM
    sassyscorpion11
    Re: Right to Privacy
    Thank you for your input
  • 04-25-2012, 03:27 PM
    Disagreeable
    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.
  • 04-27-2012, 09:19 PM
    Conrad Hunter
    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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