Quote:
Originally Posted by flyingtucan
Also completely wrong. The police were not called until after the security guards gained the probable cause needed for the police to make an arrest.
The issue is not whether the police had probable cause to make an arrest. The issue is whether the police could legally search the room without a warrant. The case law is pretty clear that an occupant of a hotel has a reasonable expectation of privacy as per the 4th amendment.
Based on the information given to them by hotel security, they did have probable cause to believe the defendant was in possession of contraband. However, that probable cause alone does not justify a warrantless search of the premises.
The better procedure would have been to prepare an affidavit from the security officers as to what their observations were and present that to a Magistrate/Judge with the other relevant facts, whereupon the Court could make a legal finding of probable cause and issue the warrant to search.
In the alternative they could have secured the room, and applied for the warrant telephonically.
I have handled search and seizure issues for over 20 years, both as a prosecutor and for the defense. So I can safely tell you that nothing is black and white when it comes to motions to suppress evidence. Which is why the Court will hold an evidentiary hearing and make findings of fact. Ultimately, only after such a hearing can anyone say whether the search was valid.
Last edited by bobby777; 04-10-2010 at 07:24 AM.