Facts
Officers arrived at hotel where they believed Stoner was staying. They asked the night clerk whether Stoner lived there and if they could search his room. The night clerk escorted them there and during their search, discovered glasses, a jacket, and a .45 caliber pistol.
Procedural History
Stoner moved to suppress the items found in the room, but the court denied his motion.
Issue(s)
Was the search of Stoner’s hotel room lawful because it was based upon the consent of the hotel clerk?
Holding(s)
No.
Reasoning/Analysis
The Court found that it was the petitioner’s constitutional right which was at stake, not the hotel clerk’s. It was a right, therefore, which only the petitioner could waive by word or deed. This search without a warrant was unlawful.
Judgment/Outcome
The Court reversed the judgment of the trial court.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment