[QUOTE=RustyKuntz;2531997]I think the court ruling is spot on. The long arm of the law goes too far in some cases. I can see the reason why they would do so but as the report says, LEO "will still be able to make surprise inspections by getting a warrant". I had seen an old report where LEO simply looked at the guest list and recognized a name, which gave him reason to inspect, because he was sure he would find something illegal going on. LEO has many ways to get what they want, which I am all for as long as it doesn't infringe on people's rights. I am editing out any names for confidentiality reasons and to avoid violating forum guidelines.
STATE OF TENNESSEE, COUNTY OF DAVIDSON.
AFFIDAVIT.
UNLAWFUL POSSESSION OF A CONTROLLED SUBSTANCE.
T. see. A. 39-17-418.
Personally appeared before me, the undersigned, (Select one) _x__ Commissioner _ Metropolitan General Sessions Judge, the prosecutor named above and made oath in due form of law that (Select one) _x__ he _ she (Select one) _x__ personally observed _ has probable cause to believe that the defendant named above on 09/08/2009 in Davidson County, knowingly did possess or casually exchange a controlled substance and the controlled substance was not obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice, and that the probable cause is as follows: Officer xxxxx xxxx was checking the tenant list at the Xxxxx Inn located at # Murfreesboro Pk. Officer xxx found that a Ms xxxx who was staying in room # had numerous prior prostitution arrests. Officer xxxxx made a consensual contact with xxxx who was standing in the doorway with the door adjar of her room. Officer xxxxx asked xxxx if she had anything illegal and she stated she had a pipe in the air conditioner. Xxxx directed Officer xxxxx to the pipe's location and Officer xxxxx found a metal pipe that contained dark residue and chore-boy believed to be used to smoke crack cocaine. Xxxx gave Officer xxxx and Officer xxxxx consent to search the room. Officer xxxxx found a plastic bag in the night stand that contained several small white rocks that field tested positive for cocaine. Officer xxxxx also found some loose chore-boy behind the television. Xxxx didn't qualify for a citation.
ESignature.[/QUOTE]Sounds like an illegal search to me. First, they should not be looking at a guest register without a warrant; and though they are correct many times, just because someone is known to be a drug user, prostitute etc should not be probable cause to make contact. In that case all they would have to do is keep making contact with all known users and providers looking for something to bust them on. I can see them getting a warrant when they suspect x is in the act of illegal activity or they arrested x off premises and need to check their room, but not to search the register to see if they recognize someone. Sounds like a lawsuit against the Inn and metro is in order, but probably those involved don't have the means to do so.