Good Luck! I do think you have everything on your side to argue this.
Good Luck! I do think you have everything on your side to argue this.
Hotel security, he was very contrite and embarrassed he had to do it. We did raise some hell, and I did get a receipt, it was treated like checked luggage. I didn't make more of a deal than I did because our dinner was getting cold, which I made them replaced and they comp'd it, and I didn't it to ruin our evening. Also, I take the 2 is one, one is none rule very seriously when traveling, if you catch my drift without me coming out and saying it.
No way in hell would I give up my firearm to a hotel security guard. Nope. Not happening. Call the police or whatever, but it’s my domicile for the evening and in Texas, I have a right to protect my domicile.
Nope, wouldn’t do it. Would leave or whatever, but not surrendering my weapon.
Nope, wouldn’t do it. Would leave or whatever, but not surrendering my weapon.
https://www.foster.com/duff-on-hospitality-law/guest-room-privacy-and-the-fourth-amendment
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.
Well, this covers the police being involved in the unlawful search and seizure.
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
So now I'm totally cornfused.
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.
Well, this covers the police being involved in the unlawful search and seizure.
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
- Raucous behavior.
- Illegal activity, including storing illegal drugs.
- Failure to pay for the hotel room.
- Intoxication, disorderly conduct, and carrying a gun in the hotel.
- Odors of marijuana (except in those states that have now legalized recreational use) and complaints of loud noise.
So now I'm totally cornfused.
I gave up a firearm, not all my firearms. If I had been alone, I would have handled it that way, but I didnt feel like spending the evening of my anniversary weekend dealing with the police in the lobby of a 5 star hotel, as if I hadnt, I would have been trespassed, or attempted to rather. Although that course could have possibly resulted in my having a legit valid $$ lawsuit.
Yeah, I get the rule of thumb you speak of. You ain't nekked, you just dropped your pants.
Wow never heard of this chit, good luck and enjoy the rest of your weekend.
I agree that what really seems strange is that “ she saw it in the nightstand “. Why would she need to look in the nightstand to turn down the bed unless they keep some of their stuff in there. I always thought it was implied that the nightstand was for my use. Thanks for posting, this was an eye opener.
TX has a good GOA presence with a young woman heading up the TX chapter.
I'd give them a call.
I'd give them a call.
Note to self "Mark Texas 5 star hotels off map of places to visit" Like I could afford that anyways.
