Can a hotel owner waive his guests' Fourth Amendment rights if the police enter the common areas of the hotel?
MultiRegion, United States of America
The following excerpt is from U.S. v. Winsor, 816 F.2d 1394 (9th Cir. 1987):
3 In addition, the district court held that the hotel manager's consent immunized the police conduct from constitutional attack. This too was error. A hotel proprietor cannot waive his guests' Fourth Amendment rights. See Stoner v. California, 376 U.S. 483, 489-90, 84 S.Ct. 889, 893-94, 11 L.Ed.2d 856 (1964). The manager did, however, have the authority to consent to the officers' presence in the common areas of the hotel.
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