Hotels maintain large banks of information regarding the private information of their guests, including credit card and payment information, full names and home addresses, and even information regarding customers’ vehicles. They also log when customers arrive, how long they stay, and sometimes even the types of activities in which customers have engaged. Clearly, all of this information can be extremely helpful to law enforcement looking for a missing suspect, trying to track the movements of a person of interest, or attempting to track down criminal acts or paraphernalia.
Some laws in some states require hotels and similar establishments to turn over this information to law enforcement upon request, without the existence of a search warrant. But is that constitutional? Just recently, the Supreme Court released its ruling in City of Los Angeles v. Patel , deciding five justices to four that the answer is no. The decision is already available online and is part of a wider body of cases concerning under what circumstances police can conduct searches without a warrant.
Specifics of the Case
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The case arose when a group of motel operators from Los Angeles constitutionally challenged local police’s habit of inspecting guest data unannounced and without any other legal justification. The motel operators and their counsel argued that searching through that information was a violation of the Constitution’s prohibition on unreasonable searches. However, the law enforcement defendants argued that searches of this type of information qualified as an administrative search, an already court-approved procedure in which police are able to make basic searches that accomplish general crime control.
The court rejected the law enforcement personnel’s reasoning. Although they agreed that it’s possible searches of hotel data could fall under the umbrella of administrative searches, the provision that administrative searches can be warrantless is applicable to only industries like alcohol, firearms, and mining, which are heavily regulated, and hotels cannot fall into that category. Therefore, while hotel searches could be administrative, there needed to be some opportunity to challenge the search before a third party decision-maker before the search takes place, such as through a warrant or subpoena. The decision is poised to bolster rights against searches regarding things like customer data kept by businesses, administrative searches, and even privacy rights, which are typically recognized by the Supreme Court but not explicitly included in the Constitution.
More on Searches and Criminal Investigations
Clearly, the law regarding searches and seizures is continuing to change day by day. If you or someone you care about has been involved in a police search or criminal investigation, they may be dealing with criminal charges. That means that reputations, careers, relationships, and even criminal punishment could be on the line. Don’t risk dealing with a criminal accusation or a law enforcement search by yourself. If you’re facing false accusations, an unjust arrest, or criminal charges, contact Lauren Taylor Law for aggressive defense throughout your entire case. Call today for a confidential consultation at 843-790-9009.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.