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The Range
Law & Order
Just had firearm confiscated
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<blockquote data-quote="Snattlerake" data-source="post: 3424924" data-attributes="member: 44288"><p><a href="https://www.foster.com/duff-on-hospitality-law/guest-room-privacy-and-the-fourth-amendment" target="_blank">https://www.foster.com/duff-on-hospitality-law/guest-room-privacy-and-the-fourth-amendment</a></p><p></p><p>Clearly you were in the process of renting the room therefore you have 4th amendment rights. Since they are only pursuing hotel policy and not criminal law I'm unsure the legal ramifications you may have against them. I guess they are taking over your right to self preservation assuming responsibility for your safety. Will you have access to the gun in the event you go outside the hotel?</p><p></p><p>Courts have recognized that the Fourth Amendment protection from unreasonable searches and seizures applies to searches and seizures in hotel and motel rooms. Certain exceptions allow for warrantless searches and seizures, (by police) including consent. In broad terms, the consent exception means that a party's agreement, actual or implied to a search and/or seizure renders a warrant unnecessary.</p><p></p><p>In general, during a guest's stay at the hotel, only the guest may consent to a search of his or her room. While hotel staff members may access the room for cleaning and maintenance during the guest's stay, they are not authorized to allow police to enter the room. Thus, during a guest's tenancy at the hotel, employees should not allow police to enter the guest's room without a search warrant.</p><p></p><p><em>Well, this covers the police being involved in the unlawful search and seizure.</em></p><p></p><p>Reading further in this article...</p><p></p><p>A justifiable ejection will also extinguish a guest's Fourth Amendment protections. A guest's tenancy expires after the hotel has identified grounds for eviction and taken affirmative steps to repossess the room.</p><p></p><p>Examples of what courts have found to be valid grounds for eviction include</p><ul> <li data-xf-list-type="ul"><ul> <li data-xf-list-type="ul">Raucous behavior.</li> <li data-xf-list-type="ul">Illegal activity, including storing illegal drugs.</li> <li data-xf-list-type="ul">Failure to pay for the hotel room.</li> <li data-xf-list-type="ul">Intoxication, disorderly conduct, and <strong>carrying a gun in the hotel.</strong></li> <li data-xf-list-type="ul">Odors of marijuana (except in those states that have now legalized recreational use) and complaints of loud noise.</li> </ul></li> </ul><p></p><p></p><p>So now I'm totally cornfused. <img src="/images/smilies/smash.gif" class="smilie" loading="lazy" alt=":smash:" title="Smash :smash:" data-shortname=":smash:" /></p></blockquote><p></p>
[QUOTE="Snattlerake, post: 3424924, member: 44288"] [URL]https://www.foster.com/duff-on-hospitality-law/guest-room-privacy-and-the-fourth-amendment[/URL] Clearly you were in the process of renting the room therefore you have 4th amendment rights. Since they are only pursuing hotel policy and not criminal law I'm unsure the legal ramifications you may have against them. I guess they are taking over your right to self preservation assuming responsibility for your safety. Will you have access to the gun in the event you go outside the hotel? Courts have recognized that the Fourth Amendment protection from unreasonable searches and seizures applies to searches and seizures in hotel and motel rooms. Certain exceptions allow for warrantless searches and seizures, (by police) including consent. In broad terms, the consent exception means that a party's agreement, actual or implied to a search and/or seizure renders a warrant unnecessary. In general, during a guest's stay at the hotel, only the guest may consent to a search of his or her room. While hotel staff members may access the room for cleaning and maintenance during the guest's stay, they are not authorized to allow police to enter the room. Thus, during a guest's tenancy at the hotel, employees should not allow police to enter the guest's room without a search warrant. [I]Well, this covers the police being involved in the unlawful search and seizure.[/I] Reading further in this article... A justifiable ejection will also extinguish a guest's Fourth Amendment protections. A guest's tenancy expires after the hotel has identified grounds for eviction and taken affirmative steps to repossess the room. Examples of what courts have found to be valid grounds for eviction include [LIST] [*][LIST] [*]Raucous behavior. [*]Illegal activity, including storing illegal drugs. [*]Failure to pay for the hotel room. [*]Intoxication, disorderly conduct, and [B]carrying a gun in the hotel.[/B] [*]Odors of marijuana (except in those states that have now legalized recreational use) and complaints of loud noise. [/LIST] [/LIST] So now I'm totally cornfused. :smash: [/QUOTE]
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