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Thread: Here’s a random one for the collective: tents as legal domicile?

  1. #21
    Quote Originally Posted by TC215 View Post
    That’s definitely not the case.

    United States v Jeffers- Hotel staff can enter the room to clean and make repairs, but cannot invite the police in the room/give consent. 1951 DC Court of Appeals Decision.

    Stoner v California- Hotel clerk has no authority to grant consent. A hotel guest is entitled to the constitutional protection against unreasonable search and seizures. The hotel had no authority to permit the room search. 1964 US Supreme Court decision.

    If a hotel employee finds something while in/cleaning a room, LE would have to get a search warrant to search further.
    well then lots of hotels are teaching their employees things that are not correct.

  2. #22
    Quote Originally Posted by jetfire View Post
    well then lots of hotels are teaching their employees things that are not correct.
    Regardless, in the end, it’s up to law enforcement to know the 4th Amendment and search and seizure laws, not the hotels. This stuff should be Police Academy 101, just like a landlord not being able to consent to a search of a tenant’s residence.

  3. #23
    Member olstyn's Avatar
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    Sep 2014
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    Minnesota
    Are you technically a tenant while staying at a hotel, or does that only apply to longer-term rental housing? MN, for one, prohibits landlords from prohibiting tenants from possessing firearms on the rental premises, and I'm curious whether that would apply in hotels, thus potentially making a hotel policy prohibiting guests from carrying/possessing firearms actually illegal. Not looking to become a test case pretty much ever, but it could be an interesting point of law to be aware of.

  4. #24
    Member John Hearne's Avatar
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    Mar 2011
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    Northern Mississippi
    It depends on the Federal Circuit in which you reside. If you live in the 9th Circuit, there is clear case law, that a tent, even illegally erected, carries with it the same expectation of privacy as a residence.
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  5. #25
    Quote Originally Posted by Sidheshooter View Post
    ...On occasion, I've found travel that takes me through this or that corner of OR of late, and I just haven't jumped through the permitting hoops there yet. ....
    I realize it's a bit of a trek for you, but Mrs. Drang and I had good a good experience with the Columbia County, OR, Sheriff's Dept, as recounted here:
    Recovering Gun Store Commando. My Blog: The Clue Meter
    “It doesn’t matter what the problem is, the solution is always for us to give the government more money and power, while we eat less meat.”
    Glenn Reynolds

  6. #26
    Quote Originally Posted by TC215 View Post
    Regardless, in the end, it’s up to law enforcement to know the 4th Amendment and search and seizure laws, not the hotels. This stuff should be Police Academy 101, just like a landlord not being able to consent to a search of a tenant’s residence.
    That I 100% agree with, but I also think that private business like that should be training their people to know and understand the law as well. Of course, there are reasons I don't work in hotels any more.

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