SAPD Academy 23B Arrest Search & Seizure Practice Exam

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True or False: Hotels clerks may consent to a search of a room that is paid for.

True

Sometimes

False

Consent to search a space must come from someone who has actual authority to give that permission. A hotel guest has a privacy interest in the room they occupy, and a hotel clerk does not have the authority to authorize a police search on that guest’s behalf just because the room is paid for. Unless the guest themselves consents, or law enforcement has a warrant (or there are exigent circumstances), a clerk cannot validly consent to a search. The payment status of the room does not transfer consent authority to hotel staff.

Only with the room owner's consent

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