My question involves criminal law for the state of: A person on the run for failure to appear to sentencing, 7 years prior for drug possession, is in a hotel room paid for by him, but in a friend’s name, basically the friend checked in. Upon their 6 day stay, the duo happen to catch a hotel chair inside their room on fire, it was extinguished and did not detonate a fire alarm, sprinkler system, and the fire department was not alerted. The hotel was unaware of the incident until the maid service entered the room the following day and noticed the burnt mark on the chair, they paid $100 fee for the damage to the chair. Later that evening the two ordered another room, moved their belongings to the new room and switched the chair out.

The following evening, nearly 20 hours later, the two left for a local retail store, but Josh forgot his cell phone. Josh is the one with the FOJ drug charge went back to the room to obtain his phone. While looking for his mobile device the door opened surprising him and a man identified himself as police and said josh’s name, and arrested him for FOJ. The room was completely packed up, no bags open, there were locked two safes inside a rolling trunk which was also. They completely packed the room to move or go home.

The police took his phone and texted contacts trying to lure them to the hotel. Josh was taken to jail for processing. Meanwhile Dan shows up, and got off the elevator on the 5th floor. Keep in mind this is a very large hotel with 60-70 rooms per floor. Upon stepping out of the elevator he was immediately detained and taken to the police outside of Josh’s hotel room door. His “consented” search leads to the discovery of a gun, to which he was arrested for possession of a concealed fire arm without a permit.

The discovery states, that when Dan stepped out of the elevator and saw police and firemen, he yelled loudly, “where is Josh?”. Then the document states he consented to a search. HE never consented to a search, nor yelled where is josh, but a Discovery is considered fact and truthful.

When Josh was taken out of the hotel there were two unmarked police vehicles parked in parking spots, and he was taken to jail in one of those unmarked cars. When Dan arrived parked in the back did not see the vehicles, but when he was leaving as Lisa was arriving many emergency vehicles including police, fire trucks, and ambulances, were parked outside the entrance with no flashing emergency lights. They were just there parked.

Lisa takes the elevator to 5th floor, and hears voices and commotion, so she immediately hits the elevator down button. As she waits for the elevator to return to the floor, a fireman walks up and waits with her. She asks innocently, “What’s going on? Is everyone or everything ok?” Fireman responds with, “Yeah, just two TWEEKERS were trying to burn down the place with a butane torch”. The chair fire, or scalding, happened 20 hours or the day before and the damages had already been compensated for by Josh and JP, which leads me to believe they were trying to establish “exigent circumstances” to cover their rear ends for entering an occupied hotel room without a warrant, but still trying and create charges for Dan and Josh.

Josh was taken to FOJ County, sentenced, served 4 of his 36 months and was then taken back to the county of the hotel incident. His inmate search page shows the following.
Arrested for: 18-18-403.5(1),(2)(A) POSSESSION OF A CONTROLLED SUBSTANCE (seven years prior and the FOJ?)
Bond Amount: $0.00 Bond Type: SENTENCED
Held For Agency: FOJ COUNTY SO

Arrested for: 16-19-103 FOJ WANTED BY OTHER AGENCY FELONY
Next Scheduled Court Date: 10/2/2014 9:30:00AM
Bond Amount: $50,000.00 Bond Type: CASH/SURETY
Held For Agency: hotel COUNTY COURTS

What does this mean?

Dan, the one that got off of elevator and search, is this even legal? He could have been going to any room on that floor, and let’s say he did say, “where is Josh?”, it’s possible, that another Josh could have been a guest on that floor or hotel as well. And my question isn’t should they be in trouble, my question is, we have rights for a reason, to make our country the land of the free, without upholding our constitutional rights, we are no better than a communist country that imprisons indefinitely by fabrication. Were the rights of Josh or Dan infringed and do they possibly have a chance of having the cases thrown out and / or a multi-million dollar lawsuit against a large hotel chain for privacy violation of a paying guest.

The friend or JP whose name was on the room, was allowed to leave, and he has not been charged with anything to date.

Both people are good people and are serving plenty of time for other things. Do they have any chance at seeing their 20's-30's?