“Meth smoke is a heavy, sticky substance, much like nicotine.” “It gets on every surface and stays there forever, unless it’s properly cleaned.” The Fourth Amendment protects people against unlawful searches and seizures. Any evidence found during these unlawful searches is usually excluded from admission in a court case, and without that key evidence, charges are normally dismissed. If the hotel guest is lawfully in possession of the hotel room, meaning he checked in and the check-out time hasn’t passed, and he hasn’t been evicted, the guest has the right not to have his hotel room searched by anyone, including a maid or housekeeper. But what if the guest had been so loud that the hotel manager has told the guest he is in violation of clearly communicated hotel policy, and the guest is being kicked out of the hotel? That notice serves as an eviction, and the guest no longer has Fourth Amendment rights. The housekeeper can enter the room, and inform management of any drugs. Management can then contact the police, who will get a warrant, search the premises, obtain the guest’s contact information from the hotel registry, and potentially arrest the guest. What if the guest has checked out and accidentally left behind some drugs? What Is a Hotel Housekeeper Tattles Anyway?If a maid or housekeeper finds drugs in your hotel room, tells hotel management, who then tells hotel police, what can you do about it? The first thing to do is to clear your name of any drug charges by asserting your Fourth Amendment rights. But then what? Interestingly, though the police did violate your fourth amendment rights by entering your room, they will undoubtedly hide behind the rules of sovereign immunity to escape any consequences. However, the hotel also violated your constitutional rights, and therefore you do have a Civil Rights claim against the hotel, and the hotel chain. It was unlawful for them to provide the drug information and your name off of their registry. Sovereign immunity rarely extends to the hotel. And therefore, a guest whose Fourth Amendment rights were violated can file suit against the hotel, even for injuries sustained when the police arrested the guest. If you have been charged with a crime for drugs found in your hotel room, contact a local criminal defense attorney, who can review the facts of your case. You may be able to escape criminal charges, and maybe even recover money against the hotel. Crime Prevention in Overnight LodgingProstitution, drug activity, and other criminal behavior can harm a hotel or motel and damage the surrounding community. The information in this booklet will give you, the innkeeper, tools to help prevent illegal activity from occurring on your premises. Not all information provided will be appropriate for every lodging situation. What works for a twenty-room motel near a residential neighborhood may not be appropriate for a 200-room hotel in a downtown business district. Every innkeeper is encouraged to review all the material, then implement those approaches that could work at your establishment. Drug Activity, Prostitution, and the LawIf you allow your property to be used for prostitution, gambling, drug dealing, or drug manufacturing, you risk both financial judgments and the possibility of having the property closed for up to a year. The action may be brought by state or local attorneys, or by any person living or doing business in the same county. Why Prevention WorksIf you allow guests involved in illegal activity to rent your rooms, your property becomes more attractive to those who cause problems. As problem guests become regulars, good guests become scarce. The longer the cycle continues, the more expensive it is to stop. As the problem worsens, you may face the choice of turning away guests you depend on or facing expensive court costs and civil penalties. Innkeepers who practice effective crime prevention and work hard to attract good clientele experience just the opposite – as problem guests become scarce, desirable guests check in more often, vacancy rates go down, and profits go up. For these reasons prevention steps are both easier to carry out, and less expensive, than the steps required for crisis control. Commitment: The First StepWhile crime prevention techniques can be taught, the commitment to use them cannot. For some, applying suggestions from this booklet will come naturally. For others, there may be difficulty learning new habits. A few may even be reluctant to use the techniques out of a belief that without accepting some “bad” guests the business could not operate. However, experience has shown that even one bad guest can repel many good ones. Commitment pays off: any lodging that can survive with “bad” guests can thrive once improvements are made, over time attracting good clientele and prospering financially. While each of the ideas in this booklet can help, the most consistent factor in determining the effectiveness of any approach is your commitment to succeed. The key is in making the commitment to use the tools, and then assuring that all employees are ready to help carry them out. Many of the following steps make good sense for any establishment, while some may be appropriate for only those establishments with a history of problems. Nevertheless, don’t be afraid to take the steps you need to protect your property – if you do it in an accommodating manner, only dishonest people should object. Environmental DesignThe physical appearance of your hotel or motel can make a big difference to your ability to prevent illegal activity. Many of the elements that make your business attractive to desirable guests will also discourage problem guests. In general, any steps that show you care about the premises and watch for trouble will help. Visibility and AccessLet troublemakers know they will be seen: • Control traffic flow and access: If you are having a problem controlling access to the grounds around the building, consider blocking some parking exits, adding fencing, and rerouting traffic so all automobile and foot traffic – coming and going – must pass within view of the office. If more control is needed, issue parking permits to guests and registered visitors, dated for the length of stay. Post signs forbidding cars without permits to use the motel lot and be consistent in having violators towed away. Remember, it is your parking lot, not a public one. • Control and monitor building entrances: The fewer your building entrances, the easier they are to monitor. If your building has public hallways and common areas, channel guests through the fewest entry points possible. For required fire exits, make them “exit only” doors and consider converting them to alarm doors, suitable for emergency use only. Ideally, the entrances that remain should be visible from the office, or monitored by closed circuit TV as described in the following paragraph. • Install a video-monitoring system that, at minimum, covers the registration area: A monitoring system provides a video record if an incident should occur. It also acts as a deterrent – people contemplating illegal activity are less likely to use your premises if they know you have their picture. In addition, some innkeepers use video monitoring to look at potential guests before meeting them in the registration area – allowing time to observe obvious warning signs prior to discussing registration. Some add a sign near the monitor that states: “For your protection and ours, guest registrations may be videotaped.” Although video monitoring can be used to cover many parts of the property, at minimum monitor the registration desk and outdoor traffic passing by the office. If you have problem areas that are not monitored, have employees check them as often as every 15 minutes during hours when activity has typically occurred. While some large-scale monitoring installations can be expensive, there are many systems appropriate for the needs and price ranges of smaller businesses. Some systems you can even install yourself. Aggressive shopping – comparing products and prices – should get you the system you want. Appearance and MaintenanceA building that looks cared for will not only attract good customers – it will also discourage many who are involved in illegal activity. Any changes that help communicate “safe, quiet, & clean” may further protect the premises. Motel AdvertisingMarketing themes can enhance, or undermine, the lodging’s appeal. Evaluating the way you advertise the lodging is every bit as important as evaluating your standards for monitoring, access control, appearance, and maintenance. A motel may suffer from too few good customers because its advertising message is not effective, because the message is weak compared to the competition’s, or even because the message is attractive to those involved in illegal activity. Just as every aspect of your business’s appearance should communicate “clean, safe, and comfortable,” so should your advertising. Warning SignsAs you review the following list, keep in mind that many items are not significant unless seen in conjunction with others. • High visitor traffic – cars and pedestrians stopping for brief periods. May indicate a drug dealing operation. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 The post Meth At Hotels first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/meth-at-hotels/
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