People State New York v. Michael P. Lerhinan - Supreme Court of New York

People State New York v. Michael P. Lerhinan

By Supreme Court of New York

  • Release Date - Published: 1982-11-22
  • Book Genre: Law
  • Author: Supreme Court of New York
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People State New York v. Michael P. Lerhinan Supreme Court of New York read online review & book description:

[11]     OPINION OF THE COURT Because the constitutional validity of hotel and boarding room searches has evoked only limited jurisprudence in this State, this case provides the opportunity to illuminate the relationship between the Fourth Amendment and real property law. The search here challenged turned up the fruits of the crime and resulted in defendants plea of guilty to burglary in the third degree after his motion to suppress was denied. We conclude that a hotel guest, who has a constitutionally protected right to privacy in his room, loses any reasonable expectation of such privacy when the rental period expires. At that time, the hotel owner may reassert control of the room and validly consent to have the police search it and its contents. [90 A.D.2d 74 Page 75]

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