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Maverick, Attorney
Category: Legal
Satisfied Customers: 6392
Experience:  20 years experience as a civil trial and appellate lawyer
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While out of town i was stsying at a hotel. I went to get

Customer Question

While out of town i was stsying at a hotel. I went to get something to eat and called the hotel to book an additional day for business. When i called the hotel staff told me i was not allowed to stay there due to security finding "contraband" in the room i was in. How can they just come in my room without my consent and violate my privacy and forth ammendment rights without my consent or me even being there? Not only thst but there were no circumstances present for them to go into my room in the first place then accuse me of something tbey found ehile rummsging througg my things? then refuse to let me stay and threaten me and not only thst but they hsve my computer and all the things i use for my smsll buiness and wont sllow my driver to pick them up and im medically dissbled please help me
Submitted: 1 year ago.
Category: Legal
Expert:  Maverick replied 1 year ago.

The 4th amendment applies to government officials and not the private security personnel that is typically hired by hotels. In order to determine if your privacy was violated here, you would first need to obtain a copy of the terms and conditions under which the hotel offers rooms out for stay. Those terms and conditions may have a clause that says that the hotel mgmt/security has a right to enter your room without your consent if there have probable cause to believe illegal activity is taking place on their premises.

So, the issue now becomes whether such probable cause existed. Also, you will need to see what it says about hours and times when house keeping may enter the room and report evidence of illegal activity if open and obvious.

If there was no probable cause here, then you may be able to sue for damages under an invasion of privacy tort.