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by halbritt 2869 days ago
The fourth amendment absolutely applies to hotel rooms.

https://www.gsblaw.com/duff-on-hospitality-law/guest-room-pr...

https://scholarship.shu.edu/cgi/viewcontent.cgi?article=1048...

From my very basic understanding of what transpired, the hotel security were trespassing by entering a rented room. I'm not altogether familiar with state law in Nevada, but that could certainly be argued in California.

2 comments

Exactly. Cops can't break into a hotel room without a warrant, but agents of the management might be able to, depending on local laws. The 4A doesn't apply to them.
> The fourth amendment absolutely applies to hotel rooms.

Hotel Security aren't the federal government. The 4th amendment? C'mon.

Eh, and Feds aren't state/muni cops either; but both of the latter still have to follow the 4th (in theory).

FWIW; at camping festivals, I know your tent also is a temporary residence and requires a warrant for search.

That's because the 14th Amendment extends the "due process" requirement to the states, and under the [Incorporation Doctrine](https://www.law.cornell.edu/wex/incorporation_doctrine) respecting the 4th Amendment has been considered part of "due process".
Agreed. I was suggesting that this was a 4a issue, but replying to he comment above that we have protections similar to the ones in their country.

As I mentioned, this sounds like a case of trespassing. If it were me, I’d be pursuing charges on that basis.