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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31527
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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do the police have a right to enter a hotel room without ...

Resolved Question:

do the police have a right to enter a hotel room without first reciting the maranda rights
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Roger replied 8 years ago.

Yes. Miranda warnings are to be read to spoken to a suspect once in under arrest/custody and before the suspect makes any statements.

The police do not have to notify a person of their rights before entering a premises. They do, however, have to have a warrant or probable cause to enter.

Roger and 6 other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
Reply to Adam Kirk's Post: If an officer smells incense is that probable cause?
Customer: replied 8 years ago.
It is probable cause if an officer smells incense in a hotel room
Expert:  Roger replied 8 years ago.

Probable cause is a sufficient reason based upon known facts to believe a crime has been committed. Probable cause must exist for a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime. While some cases are easy (pistols and illicit drugs in plain sight, gunshots, a suspect running from a liquor store with a clerk screaming "help"), actions "typical" of drug dealers, burglars, prostitutes, thieves, or people with guilt "written across their faces," are more difficult to categorize. "Probable cause" is often subjective, but if the police officer's belief or even hunch was correct, finding stolen goods, the hidden weapon or drugs may be claimed as self-fulfilling proof of probable cause. Technically, probable cause has to exist prior to arrest, search or seizure.

I don't believe that burning incense is probable cause in the usual circumstance, but subjective circumstances could make it enough to stick.

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Customer: replied 8 years ago.
if you are in a hotel and a police officer says he smells mj in a hallway does that give him the right to search your room and not read you your rights and then suggest you make statements so they don't arrest you...
Expert:  Roger replied 8 years ago.

As I said earlier, probable cause is very subjective (case by case). If the officer knows what mj smells like, and he thought it was coming from your room, then the court may agree that he had probable cause.

If you were placed under arrest or put into custody, you should have been given your miranda rights - if not, anything you said cannot be used against you.

It is not improper for the officer to ask you to make a statement, but it should be asked after you've been read your rights.

Customer: replied 8 years ago.
My husband has cancer and uses MJ sometimes to help with severe muscle spasms he had not even used it yet that night I did not partake but the officers insisted that I admit that I did and they would not arrest me or him my husband had a pipe and less than a gram of cannibus but it was not mine I still got charged what defense can I use since we know that up and down the hallway were alot of musicians that were using at that time we were asleep
Expert:  Roger replied 8 years ago.
If noting was found on your person, then they'll have a hard time getting a conviction against you. My suggestion is to get an attorney and have him/her review the police report and help you formulate a defense. I think you've got a good argument for the probable cause issue - there may be more.
Customer: replied 8 years ago.
they found the pipe etc on the table but not on our person....our attorney does not seem sure of the defense   can I get the ACLU involved..
Expert:  Roger replied 8 years ago.
I doubt the ACLU will get involved in something like this. However, as a prosecutor, if the property is not on the person or very close in proximity, then it is not easy to make the charges stick. Plus, you guys were in a hotel, not your home. Therefore, the stuff could have been left there by the renter the night before. You may want to talk to another attorney for a second opinion - unless, of course, you've admitted to the police that the stuff was yours. If you did, that's where your lawyer is coming from.
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Customer: replied 8 years ago.
We kept telling the officer it was not ours but he kept insisting it was   he told us if we did not admit that to him then he was going to arrest us immediately and my husband was too ill to go through that my husband told the officer that in the past he had smoked it because it helped with the side effects from the cancer treatment but that was not ours   The officer intimidated us but insisting we admit it and be honest or he would arrest us so my husband said my wife is not involved and they charged us anyway and in the police report stated we admited it but truthfully we did not we were very scared and confused since they woke us up in the middle of the night...
Expert:  Roger replied 8 years ago.
This is exactly what you need to tell your attorney and the judge. If the officers induced you to confess, then it can reduce the value of your statements that night.
Customer: replied 8 years ago.
they kept threatening to take us downtown and when I told them I had cancer, the one officer turned to my wife and said very smuggley "oh I guess you have cancer too" they were like rookie officers very yound my wife told them it "that is very rude and uncalled for" they kept telling her to say she did it too for fun or they would handcuff her so she state "Yeah whatever" because she was afraid to me this is all a shake down and no fair at all to upstanding taxpaying citizens   in fact my wife works as a medical office manager and her boss even wrote a letter stating that she has never showed signs of drug use or abuse... will this help her case