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What are my rights to unreasonable searches of my hotel room? I need a lawyer's advice please..?

  • It is used as a "women's residence/homeless shelter". I pay rent to live there and lived there before it was named a homeless shelter. I have never been cited for any major problems and have never been written up for anything. The reason I'm asking is, they did "room inspections" yesterday. I was there, and awake, and went into the hall so they could have access. They inspected the room to the right of me and to the left of me, but bypassed me entirely. Or so I thought. The people doing the inspections were the residence director and the livein advisor. I went to work and when I came home I found a note signed by the residence director and an initial that belonged to someone other than the live-in advisor. My room was clearly messed with, and a trash bag had clearly been ripped open. The funny part was, my room was messy and should have failed but it "passed" with a clean slate. At a meeting the next day, made mandatory because there had been a recent fight that I had recorded, the people on the floor were told the contents of my trash (it was my trash can not their, my trash bag). The other residents were not told whose room it was. It was not an illegal substance, nothing that indicated an illegal activity. I'm no angel, but I follow the rules. It was something left over from a visit with a friend...nothing I did in my room. And it wasn't illegal at all...no drugs etc...at all. Nothing like that. I am worried that something may have been planted...hear me out. After all, I wasn't there to see what happened, and they took pains to do this after I left for work..they had all day to "inspect" with me present. Something planted...like an actual illegal substance. The reason I'm worried is we have a bully on the floor, and a few days ago, during an altercation with 3 other residents, she stated that she "had an understanding with (name of residence director) to retaliate against anyone who reported bullying or fighting". I recorded this altercation, by the way, and am hoping I recorded her saying this. I'm pretty sure it's there. I am one of those who have reported her for being a bully...for harassment. Everything I have found indicates that the 4th amendment protects hotel room guests (the place is registered as a hotel and I pay hotel taxes in my rent). I was not doing anything illegal, was no fighting, was not doing anything that would be a treat to others, and the police were not called...no warrant...just staff rooting thru my room. From what I have read, even homeless shelters are protected from searches ..right to privacy...4th amendment rights. It has to be done in a certain way, for certain reasons. I have read of a few anyway. The place gets public funding, government funding, so were staff acting as agents of the state in going through my room? Our rental agreement allows room inspections...not searches. And I know they did something wrong...I could tell. Generally they are very forward with me, but this time they truly acted guilty, even passing my room in inspection when it should have failed. And what hotel routinely searches through their trash bags? Thank you. If I think of anything else, I post it. OH--they also apparently stole a letter from me from a lawyer about a month ago, after the post office delievered it. It was about a legal issue I wanted to discuss...yes it concerned the place. (Different issue than the bully, awhy homeless shelters in my area are getting funding when they are all religious-based. About seperation from church and state. I do have the right to ask, after all.) Yup I can sorta prove it...it was mailed, and I never got it. (Not the first time my mail has disappeared between the post office and me and this place. Once, at the desk my mail was started to be handed to me, then one item was snatched back. When I asked if that was mine she said no. I got it the next day, opened. Like for real. My dad worked at the post office and their lack of respect for federal law concerning the mail is disturbing, to say the least.)

  • Answer:

    4th Amendment only applies to the Government. They are well within their rights to search and to kick you out based upon that search. And no, them receiving Government funding does not make them an agent of the Government. For that to be true they would have to be acting for the police and handing over evidence suspects to the police.

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Other answers

You stated here you agreed to the searches when you moved in. The fourth amendment does not apply here since you agreed to the searches when you moved in.

Zach

The 4th amendment rights apply to the Govt searching, not people who you agree with to be subjected to searches.

Eva Braun and Marga Himmler Account

is this a government run shelter or private? Are you trying to ask if your personal distinction between an inspection and a search has any legal significance? It does not. If you do not like the rules of the place, move out.

laughter_every_day

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