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Guests’ Rights ■111
10-6-1. Why was the search of the briefcase not a violation of the defendant’s constitutional
right against unreasonable searches?
It was not a search for evidence but rather a minimum intrusion to obtain a means of identi-
fying the defendant. The briefcase was opened to remove the wallet in response to defendant’s
statement that his identification was in it. This is consistent with the innkeeper’s duty to use
reasonable care to ensure that the lost briefcase is returned to its rightful owner.
10-8-1. What alternate arrangements for payment of the fee might the hotel have made to avoid
liability for returning the money?
The hotel, rather than offering messenger service as a “free service” and adding a two percent
fee to the bill, should have charged all people using the service a reasonable fee for it.
10-9-1. Assume that the hotel employee with whom the Soifers made arrangements for return
of the package was not on duty when it arrived or had been terminated before it was
delivered. What procedures might the hotel have instituted to ensure the Soifers’ wishes
were nonetheless honored?
The hotel should have a system for documenting a guest’s desires concerning a package that arrives
after check-out. The system should include a procedure to process departed guests’ mail and for-
ward it to them, as well as provide money to ensure that costs of transmittal are covered. Employ-
ees who staff the front desk or mail room should be well-trained about the system and procedures.
Key Terms
Exclusionary rule The rule that holds evidence
obtained in consequence of a warrantless search is not
admissible in court.
False arrest The detention of a person without his
or her consent and without lawful authority.
Probable cause A reasonable ground for belief in
certain alleged facts; facts sufficient for a reasonably
intelligent and prudent person to believe the defen-
dant committed a crime or that evidence of a crime is
located in the place the police want to search.
Search warrant An order from a judge command-
ing a police officer to search a designated place for
evidence of criminal activity.
L. Answers to End-of-Chapter Questions
❊Review Questions
1. What obligation, if any, does a hotel have to refrain from using abusive or insulting
language when addressing a guest?
2. Under what circumstances can an innkeeper enter a guest’s room without consent?
3. What constitutional rights are at risk when the police search a hotel room for
evidence?
4. If a police search violates a constitutional right, what happens to any evidence that is
seized in the search?
5. Who has authority to issue a search warrant?
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112 ■Chapter 10
6. What must a police officer prove in order to obtain a search warrant?
The police must prove the existence of probable cause; that is, facts sufficient for a reasonably
7. Who has the authority to consent to a search of a hotel room that has been assigned to
a guest? Who does not have that authority?
8. What restrictions does a hotel have concerning the fees it charges?
Hotels have a duty to disclose to a guest, prior to contracting for the room, the fees and
9. What obligation, if any, does a hotel have concerning mail, packages, and facsimile mess-
ages received by the hotel and addressed to guests?
❊Discussion Questions
1. According to the exclusionary rule, incriminating evidence found during an illegal search
cannot be used against the defendant. Often, without that evidence, the defendant will be
acquitted. What is your opinion about the exclusionary rule?
Many students will probably find the rule objectionable since guilty people go free as a result
2. In what way does a guest’s expectation of privacy vary depending on whether he is
still a guest or has checked out? Why does the expectation of privacy vary in these two
circumstances?
When a guest’s status as such terminates, so too does the guest’s expectation of privacy because
3. Why can a hotel employee look into a mislaid briefcase before returning it to a guest
who claims ownership of it? Why does this not violate the owner’s right of privacy?
Concerning searches of an occupied hotel room, the right of privacy provides that only the
guest with the right to occupy the room can consent to a search of it. Where a hotel employee
4. You are the assistant manager of a hotel. You have been assigned the task of devising pro-
cedures for handling mail delivered to the hotel for guests, both current and past. What
are the legal issues you will need to address and what procedures will you recommend?
A hotel may be liable if mail or packages sent to present or past guests are not delivered to the
addressee. Procedures should include maintenance of a record of guests’ home addresses,
5. What is the difference between defamation and intentional infliction of emotional distress?
The definition of defamation is an intentional false communication, either published or pub-
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Guests’ Rights ■113
❊Application Questions
1. Jan and Craig are friends and are both guests at the Morbury Hotel. While they were
in the lobby after returning from a stroll through downtown, the hotel manager
stopped them and loudly accused them of failing to pay their breakfast bill. There were
many people in the hotel lobby who overheard the exchange, including Jan and Craig’s
business associates with whom Jan and Craig were traveling. Both Jan and Craig were
embarrassed and annoyed. They had in fact paid for their breakfast. Has the hotel vio-
lated any obligation owed to Jan and Craig? Why or why not? How should the hotel
have handled the matter?
No, the hotel has not violated any obligation to Dean. A hotel owes its guests the duty not to
use offensive or humiliating language. As a result of this obligation, hotels should carefully
2. Connor and his wife are guests at a hotel, having reserved a room for three days. On
their second day there, while Connor was supposed to be attending a business meeting,
he was arrested for sale of illegal drugs. The police immediately went to the hotel and
received from the innkeeper permission to search the room. During the search the
police found illegal drugs and drug paraphernalia. Can they be used against Connor at
trial? Why or why not? Does the hotel have any liability to Connor in this circumstance?
Why or why not?
The drugs and related items will be suppressed because the innkeeper does not have author-
3. Elisha was a guest at the Billet Hotel. As she was checking out she discovered she was
charged for various items she had thought were free. The hotel had not informed her
previously that a fee would be imposed. She was angry and demanded to see the manager.
Is the hotel legally entitled to collect these fees? What should the hotel have done to avoid
this problem?
A guest has the right to know, prior to contracting for a room, the fees and charges a hotel
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