Does the district court's ruling that the police conduct is immune from constitutional attack because the police force operates with the consent of the manager of the hotel?
MultiRegion, United States of America
The following excerpt is from U.S. v. Winsor, 846 F.2d 1569 (9th Cir. 1988):
The district court also ruled that the police conduct was immune from constitutional attack because the police operated with the consent of the hotel manager. Again, we agree with the original panel that this was error because a "hotel proprietor cannot waive his guests' Fourth Amendment rights." 816 F.2d at 1397 n. 3; see Stoner v. California, 376 U.S. 483, 489-90, 84 S.Ct. 889, 893, 11 L.Ed.2d 856 (1964).
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