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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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To whom it my concern, Hello and thank you all for

Customer Question

To whom it my concern,
Hello and thank you all for your time for this serious matter that occurred the night of the 23rd of August, 2011 at a motel six, which is located next to the "Milwaukee County,General Mitchell/International Airport" in Wisconsin.
I checked in at 9ish-930ish and then after going to my room to drop off my luggage i walked 1st to Dennys to get a late dinner and then walked to a liquor store about a 1/4 mile away for some drinking water. Walked back to my room, then turned the tv on, went outside and lite a cigar. i was standing outside my room, but was still able to see through my window, because i was on the 1st floor. After a few minutes went back in my room to called it a night and by this time it was 11 1130ish pm. I could smell a faint odor of cannibis coming through the bathroom vent or in the building itself. I then heard someone banging door to door trying to find out where the odor was coming from. Soon i had a knock at the door. I went to the door and it was the Night manager and the 1st words out of his mouth was i can smell pot and its coming from your room. I assured him it wasn't me and the smell was coming through the vents. I showed him my cigars and said this is what i smoke. He then said, "I am sorry to disturb you and have a good night"
I closed the door and got ready for bed. I was laying in bed for about 20 to 30 minutes and another knock at the door. I turned the lights on in my underwear and Tshirt and looked through the peep hole. I couldn't believe it, but saw a police officer standing to one side,as not to be seen. I open the door and the officer said, "we have a witness that said they saw you smoke marijuana" I said, "show me that witness, because all i have smoked have been my cigars", as i showed him the cigars. He then said, "It's illegal to smoke in the room". I said, " I was standing outside my room smoking my cigar watching my T.V. through my window" Then another police officer shows up and they barge in my room, start lifting up my mattress's, going through the bathroom, then through my luggage and the whole time they were saying, "Just tell the truth and it will be easier on you". I said. "I don't have any pot and the smell is coming through the vent. The manager is on a witch hunt and it seems you both have joined him". I also said "haven't you both step all over my 4th amendment right". The officer's said," no we have probable cause". I then said, "Which is what? The smell of pot throughout the bottom floor of the motel". They kept tearing up my room and it was horrible. They then patted me down in my underwear and T-Shirt. I kept tell them i have done nothing wrong. It was so tramatic and horrible, as well as embarressing. The officer's kept saying,"Tell us the truth and it will be easier on you". I kept telling them," i have nothing and just flew in on a business trip". They found nothing, because i had nothing. As i told them as they stormed in my room. No police dogs, no warrent, just a motel manager that called the police and probably said, "I think someone is smoking pot or maybe is smoking pot or what ever he said wasn't enough for the police to storm in my room and treat me like a crimminal. They also moved my heavy desk/table that the TV was sitting on and left it were it sat after they moved it.
All i did was rent a room from Motel-Six and the motto is "we'll leave the lights on" It's not supposed to be, "We'll call the police on suspicion of smell and send them to your room to ripped apart your room and take away your rights".
At the end the police said, "It's your lucky night......thanks for cooperating" and they left, with my room turned upside down. I couldn't sleep that night and for the rest of my trip in Wisconsin, which ended 25th.

I didn't think it was lucky night....Not one bit!

I my question.

Was this an illegal search?
Were my rights violated?
Do i have any recourse against Motel 6?
Do i have any recourse against the police for illegal search?

Please help if you can. If i do have legal recourse, then can someone please refer a lawyer in the Milwaukee, Wisconsin area that i can speak to about possible recourse against Motel 6 and the police department.

Thank You!


I look forward to your reply.
-ADC
Submitted: 2 years ago.
Category: Legal
Expert:  Joseph replied 2 years ago.

Was this an illegal search?

 

  • Yes. The police can search with consent, a warrant or exigent circumstances. As none of those existed, this was an unlawful search. It sounds like they are relying on the "probable cause" established by the odor of marijuana. However, based on your facts, it seems a stretch to say that the odor was attributable to your room.

 


Were my rights violated?

 

  • Assuming this was, in fact, an unlawful search, then yes, your rights were violated by the police conduct.

 


Do i have any recourse against Motel 6?

 

  • You very well may. If it can be established that their conduct was deficient, then you might have a viable cause of action.

 

 


Do i have any recourse against the police for illegal search?

 

  • Similar to an action against the motel, if you can establish that the police conduct was outside of the scope of the conduct of a reasonable officer, then you may well have a cause of action against their agency.

 

As you alluded to, contacting an attorney to discuss all of the details at length would be helpful in determining the validity of any lawsuit. Unfortunately, the policies of Just Answer do not permit us to represent customers of this site or to provide direct referrals. However, we can point you in the right direction.

 

First, you should begin with your state bar association. The Wisconsin State Bar has a website, it is located at http://www.wisbar.org/.

 

The Milwaukee County Bar association has a similar site that will be more specific to your location. Their site is located at http://www.milwbar.org/.

 

Additionally, Martindale Hubbell is a national organization that rates attorneys across the country. Their website is located at http://www.martindale.com/.

 

Another nationwide website is located at http://www.avvo.com/. This site lists attorneys by geographic location and area of practice.

 

Each of these resources will have a wealth of information as to attorneys in your area that handle such cases. I would suggest you check each site out and you will surely find a great number of attorneys that meet your needs. Pick a few to meet with in person so that you can thoroughly explain your situation and then retain the one that you feel can best represent your interests.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
Joseph and 15 other Legal Specialists are ready to help you
Expert:  Joseph replied 2 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

Customer: replied 2 years ago.

"For Joseph"

 

Thank you on the reply and it seems that you expertice could and does lie in the area i seek legal council to assist me in further action or recourse against Motel-Six. Joseph, if you are in the Milwaukee area or near there, then i would like to discuss with you to take serious take legal recourse against Motel 6. Also, the next day, the 24th, i went to the front desk at check out at time, which was 12pm and complained to the Customer service rep at the front desk. I knew one of the reps from a previous business trip and told her what happened, as her jaw dropped in disbelief, as well as another front desk employee stood there in uttter amazment on what i was telling them what ocurred the night before. Then the owner step out and started to apologize to me and stating, "I am so sorry, how can i make this up to you....what can we do to make this wrong into a right". I said, " I am done talking and anything you offer couldn't couldn't make up for what i went through last night. I couldn't sleep and I'm just a wreck this morning, because i haven't slept. I am done talking to you guys and i'll be seeking legal council in this matter. The next person who will speaking to you will be my lawyer. I turned and walked out of the Motel 6 astablishment and walked away in disbelief on what i went through the night before.

Expert:  Joseph replied 2 years ago.

Unfortunately, as I stated in the previous Answer, the policies of Just Answer do not permit us to represent customers of the site. As such, I must decline your invitation as to "take serious take legal recourse against Motel 6." Instead, I will urge you to use the resources I provided above to assist you in locating the right attorney for your situation.

 

If you have any further questions, please let me know.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 2 years ago.

Joseph, my email address is XXXXX@XXXXXX.XXX

 

 

I would like an email from you to contact you directly.

 

I would like to retain your services and would like to discuss over the phone.

 

Please let me know.

Thank you,

Alexis

Customer: replied 2 years ago.

i will take a look at the websites you suggested

 

wisbar

milwbar

 

Thank you Joseph

 

XXXXXXXXXXXXXXXX at g mail

Expert:  Joseph replied 2 years ago.

Unfortunately, the policies of Just Answer require all contact to occur here on this website. Meaning, I am not permitted to contact you directly.

 

Please let me know if you have a need for any further follow-up.

 

Thank you.

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