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[QUOTE=Glockman;3077784]As a lawyer, unless you cross a state line I don't see how Federal Jurisdiction would ever attach. Do you know something I don't. If you rent a room in Tennessee and stupidly leave it to a Tennessee hooker, unless she invites another provider to cross a state line, there is no Federal jurisdiction. She can even get a monger to cross a state line, but that doesn't involve the Mann Act. That's the only Federal Jurisdiction connection I can think of. The provider must cross the State line.[/QUOTE]That's just it Glock. Most these girls are from other states. Even though they guy didn't bring them a cross state lines if their address is another state you know how uncle is. He will catch you with trafficing. But that's not the worse that can happen now days. With the murder rate as high as it is in Memphis just think what would happen if they invited their drug buddies over to the room and well something happened and someone got shot. I am sure uncle woukd charge you as an accessory and you could be charge with the murder also by association. Just to many reasons to never let a girl stay In a room that's in your name.
Correct me if I'm wrong Glock since you know the law better than me but could not all this including charges for selling or even manufacturing drugs in the room could be brought against you just cause you are the leasee of the room and signed for responsibility of that room?
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[QUOTE=Glockman;3077784]As a lawyer, unless you cross a state line I don't see how Federal Jurisdiction would ever attach. Do you know something I don't. If you rent a room in Tennessee and stupidly leave it to a Tennessee hooker, unless she invites another provider to cross a state line, there is no Federal jurisdiction. She can even get a monger to cross a state line, but that doesn't involve the Mann Act. That's the only Federal Jurisdiction connection I can think of. The provider must cross the State line.[/QUOTE]Human Trafficking and underage providers. Would these be federal charges? I am not a lawyer so I will bow to your knowledge of TN law (not trying to be funny). So, if the provider has her pimp over there after you leave and he brings some underage provider with him and the FEDs who have been following him decide to ask the pimp and everyone in the room to take a short ride with them. The pimp is wanted on other charges so the pimp and the provider make a deal with the FEDs to testify against you to get a sentence reduction. The FEDs who love paper trails find that you use your Paypal account to book the room. I know this is worst case but is it possible? If you get a room where a minor who has been taking across state line is staying isn't that consider harboring. Since a minor is involved isn't that the Victimization of children. With these two little thing Harboring and the Victimization of a child can't a Human Trafficking allegation be levied under article 3? I am just asking, I am not really that smart.
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[QUOTE=IAmTheOnly1;3079492]Human Trafficking and underage providers. Would these be federal charges? I am not a lawyer so I will bow to your knowledge of TN law (not trying to be funny). So, if the provider has her pimp over there after you leave and he brings some underage provider with him and the FEDs who have been following him decide to ask the pimp and everyone in the room to take a short ride with them. The pimp is wanted on other charges so the pimp and the provider make a deal with the FEDs to testify against you to get a sentence reduction. The FEDs who love paper trails find that you use your Paypal account to book the room. I know this is worst case but is it possible? If you get a room where a minor who has been taking across state line is staying isn't that consider harboring. Since a minor is involved isn't that the Victimization of children. With these two little thing Harboring and the Victimization of a child can't a Human Trafficking allegation be levied under article 3? I am just asking, I am not really that smart.[/QUOTE]In my scenario I wasn't considering a minor, only an adult provider. If a minor is involved you don't have to cross a state line to violate the Mann Act. That's a separate part of the Mann Act. All that is necessary is that you use a telephone, the mail or the Internet. If all you did was furnish the room, a very very smart lawyer could probably get you off. But it would probably cost you a 100 k in legal fees. Best not to find yourself in that situation.
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[QUOTE=Glockman;3079548]In my scenario I wasn't considering a minor, only an adult provider. If a minor is involved you don't have to cross a state line to violate the Mann Act. That's a separate part of the Mann Act. All that is necessary is that you use a telephone, the mail or the Internet. If all you did was furnish the room, a very very smart lawyer could probably get you off. But it would probably cost you a 100 k in legal fees. Best not to find yourself in that situation.[/QUOTE]Damn Glockman you are expensive. I hope you are as good a lawyer as you are a Photographer.
Going to court even with everything on your side is a crap shoot.
Ok I have a question for you. What is the law in TN (it is different in every state) your responsibility with that room. I know that in some states they can't search your room without a search warrant. In some state the hotel can permit the search of the room.
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[QUOTE=Glockman;3077784]As a lawyer, unless you cross a state line I don't see how Federal Jurisdiction would ever attach. Do you know something I don't. If you rent a room in Tennessee and stupidly leave it to a Tennessee hooker, unless she invites another provider to cross a state line, there is no Federal jurisdiction. She can even get a monger to cross a state line, but that doesn't involve the Mann Act. That's the only Federal Jurisdiction connection I can think of. The provider must cross the State line.[/QUOTE]Hey Glockman, as a monger, can I put you on retainer LOL? You know, just in case.
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[QUOTE=BadLuck;3079709]Hey Glockman, as a monger, can I put you on retainer LOL? You know, just in case.[/QUOTE]Not with a name like "bad luck!
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[QUOTE=Glockman;3079816]Not with a name like "bad luck![/QUOTE]LOL. I guess that I understand that. I'm a truck driver by trade and they started calling me that because every time the DOT saw my truck they always pulled me over and also who ever was running with me. That's why I just changed jobs and went to work in memphis instead of Mississippi. Now I'm in disguise LOL. They can't find me.
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How it going
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Maybe, just maybe, you'll figure out since I deleted this post twice that you won't put it back up.
If you're not that quick witted you will be starting out with a new user.
A2[/blue]
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[QUOTE=IAmTheOnly1;3079592]Damn Glockman you are expensive. I hope you are as good a lawyer as you are a Photographer.
Going to court even with everything on your side is a crap shoot.
Ok I have a question for you. What is the law in TN (it is different in every state) your responsibility with that room. I know that in some states they can't search your room without a search warrant. In some state the hotel can permit the search of the room.[/QUOTE]Glockman will need to chime in but as far as I know no state can violate your 4th amendment rights. A hotel and an apartment are no different. You have paid to reside there for a period of time. Hotel management cannot authorize a search unless you have over stayed and failed to pay which would make you a trespasser.
That does not remove probable cause but generally the police need a warrant.
IANAL but every law article I have found on this by law firms says this same thing. Your privacy interest does not expire until check out unless you are evicted. Don't allow the police to enter and never give them permission to search.
I have found numerous SCOTUS rulings on this that confirm this. It doesn't even matter if you use an alias or not.
Knight.
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[QUOTE=Knight2;3080462]Glockman will need to chime in but as far as I know no state can violate your 4th amendment rights. A hotel and an apartment are no different. You have paid to reside there for a period of time. Hotel management cannot authorize a search unless you have over stayed and failed to pay which would make you a trespasser.
That does not remove probable cause but generally the police need a warrant.
IANAL but every law article I have found on this by law firms says this same thing. Your privacy interest does not expire until check out unless you are evicted. Don't allow the police to enter and never give them permission to search.
I have found numerous SCOTUS rulings on this that confirm this. It doesn't even matter if you use an alias or not.
Knight.[/QUOTE]If you are correct than if you rent a room in your name it is just like renting an apartment and if illegal act are going on in that apartment unless you can prove that you did not give the individual access nor permission to conduct these act you are responsible. I do believe that some states have court decisions that state that you do not actual own a hotel room thus there is no eviction notice to put you out. I have property that I rent and it is hell to evicting people sometimes and there are different rules in different cities. Just like I know that in some states there must be a body to prove a murder but I know an individual with a life conviction and no body has ever been found. To me judges have too much unquestionable power here in the USA. I can understand that their rules can't be question all the time or you would get nothing done. If you ask anyone in prison right now they will tell you they are innocent. It seem there is too much grey in the law when they want it and it's black and white when they don't.
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[QUOTE=IAmTheOnly1;3080545]If you are correct than if you rent a room in your name it is just like renting an apartment and if illegal act are going on in that apartment unless you can prove that you did not give the individual access nor permission to conduct these act you are responsible. I do believe that some states have court decisions that state that you do not actual own a hotel room thus there is no eviction notice to put you out. I have property that I rent and it is hell to evicting people sometimes and there are different rules in different cities. Just like I know that in some states there must be a body to prove a murder but I know an individual with a life conviction and no body has ever been found. To me judges have too much unquestionable power here in the USA. I can understand that their rules can't be question all the time or you would get nothing done. If you ask anyone in prison right now they will tell you they are innocent. It seem there is too much grey in the law when they want it and it's black and white when they don't.[/QUOTE]Now you're getting into contact law. When you rent the room there is a lot of legalese that would say what you are responsible for. Each hotel will have their own doc so you should always read that. I'm just talking about basic search.
Absent probable cause the police cannot search and the management cannot authorize a search. The hotel *can* authorise a search if they have made an affirmative attempt to evict, if you have abandoned the room, returned the key or failed to pay for an additional day prior to check out.
As for what you are liable for regarding activities in the room after you have left. That would be a question for a real lawyer. 😊.
Knight.
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[QUOTE=Knight2;3080462]Glockman will need to chime in but as far as I know no state can violate your 4th amendment rights. A hotel and an apartment are no different. You have paid to reside there for a period of time. Hotel management cannot authorize a search unless you have over stayed and failed to pay which would make you a trespasser.
That does not remove probable cause but generally the police need a warrant.
IANAL but every law article I have found on this by law firms says this same thing. Your privacy interest does not expire until check out unless you are evicted. Don't allow the police to enter and never give them permission to search.
I have found numerous SCOTUS rulings on this that confirm this. It doesn't even matter if you use an alias or not.
Knight.[/QUOTE]That is generally correct. They can't serve a warrant on the hotel staff unless you have check out. But there are ways around it that swallow the rule up. It's left up to the judge who will likely side with LEO and find a good faith exception.
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[QUOTE=Knight2;3080591]Now you're getting into contact law. When you rent the room there is a lot of legalese that would say what you are responsible for. Each hotel will have their own doc so you should always read that. I'm just talking about basic search.
Absent probable cause the police cannot search and the management cannot authorize a search. The hotel *can* authorise a search if they have made an affirmative attempt to evict, if you have abandoned the room, returned the key or failed to pay for an additional day prior to check out.
As for what you are liable for regarding activities in the room after you have left. That would be a question for a real lawyer. 😊.
Knight.[/QUOTE]No I was asking what are you liable for regarding activities while you are still check into the room. Once you check out the chain of custody is broken. I believe Glockman could get me off with that one. What I am asking if you our renting an apartment and they get a search warrant break in and find a operating Meth Lab. Can you say I didn't know it was there? Although you have been coming and going to that apartment but was not there when they knocked on the door gently with a battering ram.
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[QUOTE=IAmTheOnly1;3081190]No I was asking what are you liable for regarding activities while you are still check into the room. Once you check out the chain of custody is broken. I believe Glockman could get me off with that one. What I am asking if you our renting an apartment and they get a search warrant break in and find a operating Meth Lab. Can you say I didn't know it was there? Although you have been coming and going to that apartment but was not there when they knocked on the door gently with a battering ram.[/QUOTE]You are fucked. Get ready to pony up 100 k.
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I am interested in what someone mentioned about checking out of a room they checked out early and paid for the whole day while the provider stays behind for like 6-8 hours.
One motel told me they don't start cleaning the rooms until morning. I know this is different with hourly motels. Would be nice to know if anyone had experience with this.