In some ways, a hotel room is literally a home away from home as patrons are granted the same privacy against an unreasonable search of their hotel room just as they would a search of their residence.
Fourth amendment protection of hotel guests
In order for law enforcement to enter a hotel room that is considered occupied, they must either obtain a warrant or permission from the hotel guest staying in said room. Without either consent or a warrant, a search of a hotel room violates the Fourth Amendment rights of the hotel guest as “a hotel guest is entitled to the constitutional protection against unreasonable searches and seizures.” (McDonald v. United States, 335 U. S. 451). This protection against a search of a hotel room is lifted only after the guest has checked out, been kicked out, or served with a warrant.
Warrant or permission (from hotel patron only)
Many hotel employees assume that if they are asked by police to let them enter a room that they must comply with the demands. Although hotel employees are allowed access to rooms for cleaning or repairs, law enforcement is not awarded this same privilege. There have been several cases where evidence obtained from a hotel room has been thrown out as the consent to search was from a hotel employee and not the hotel patron. In the case of Stoner v. California (376 U.S. 1964) a night clerk gave police access a hotel room that was being rented out to Joey Stoner, a suspect in a recent bank robbery. Stoner was not present during the search nor did he give police permission to search the room he was staying in. For this reason, all evidence collected in the room that connected Stoner to the bank robbery was not permitted in court.
Know your rights
Hotels and their guests have rights regarding police searches. Hotel employees have the right to refuse a search of their guest registry and a hotel guest can refuse a search of their room. It is important for everyone to understand their rights against unreasonable searches and seizures. For those facing charges after their Fourth Amendment rights were violated, it is recommended they speak to an experienced criminal defense attorney to discuss whether or not the case against them has any basis without the unlawfully obtained evidence.