motel mgr. & motel resident's rights

[angelgabbby]

What is the name of your state? Oklahoma
Here's the situation...
My husband & I are the asst. mgr. of a smaller Tulsa motel. The motel is nothing fancy by any means however we are FAR from being a "cheap motel". We keep it clean & try to monitor the type of guests that we rent to(85% of our guests are weeklys, almost all of which have been here for several weeks... 80% of those are out-of-town workers on temporary jobs sites here, who come here because its quiet & clean after theyve pulled a long day). Anyhow, here in Tulsa, there are a few different cops who like to go to some of the motels &try & bully their way into making the desk give them the registery cards. Then, even though the people dont have warrants, they often go knock on various of their doors & come up w/some false excuse to harrass the guest. They often do it after 9or so, usually will ID everyone in the room (&then warrantcheck them) & even sometimes try to push their way past the guest, into the room. We havent had anything more than a total of 2 calls of domestic, 3 stolen vehicles(2 of them were called in by us/the office), & 3 calls (by us/the office) for someone disorderly, in OVER at least a year... thats pretty decent for any motel!

Here's what I need to know...

• Do the police have a right to, and must we give them the guest cards(w/all their info) whenever they choose (though many times is more than 3times a week or so), without them having just cause or looking pacifically for a suspect? Or can we just ask the officer if/who their looking for or a discription of who their looking for, then give them only those cards, if any?

• What rights do the motel tenants have(most are longterm or residents)? Do they have to let them ID & search everyone in the room? Can they demand to be let to enter(&search) the tenants room? Do the same laws of needing a search warrant, etc. for your home, apply also to someone whose home is in at a motel?

• Is it illegal for the office to let the police into a paid tenants room(w/no warrant/no emergency)? Is it illegal for police to go into a pd tenants room w/o tenant permission, warrant, nor emergency? If the police want into a pd room but have no probable cause, etc., can the office say they cant, & if so, what would the police do next?

Any other helpful info is welcome too. Thank you very much 4 your time & assistance.

[CdwJava]

For legal advice on the obligations of your business under OK law, you need to consult a local attorney.

Do the police have a right to, and must we give them the guest cards(w/all their info) whenever they choose (though many times is more than 3times a week or so), without them having just cause or looking pacifically for a suspect? Or can we just ask the officer if/who their looking for or a discription of who their looking for, then give them only those cards, if any?

It depends on state law and local ordinance. You probably are not liable if you do cooperate with the police, so why not? However, if you want to screw with 'em, do you really want the police to be poking around all the time? Do you want the city to consider licensing or code violations?

What rights do the motel tenants have(most are longterm or residents)?

The same rights that everyone else has. In general, a record of who owns or rents something is not necessarily a secret. A record of guests in the hotel is not generally a protected record.

Do they have to let them ID & search everyone in the room?

No, the police have no right to search the guest's room without cause. The 4th Amendment applies.

Can they demand to be let to enter(&search) the tenants room?

In some cases, yes. They don't have a right to conduct such a search without cause or consent, however.

Do the same laws of needing a search warrant, etc. for your home, apply also to someone whose home is in at a motel?

Generally, yes.

Is it illegal for the office to let the police into a paid tenants room(w/no warrant/no emergency)?

The office might be subject to some civil liability. It depends on the circumstances.

Is it illegal for police to go into a pd tenants room w/o tenant permission, warrant, nor emergency?

It could be unlawful, yes.

If the police want into a pd room but have no probable cause, etc., can the office say they cant, & if so, what would the police do next?

It depends on what lawful grounds they have to make entry - if any.


- Carl

[angelgabbby]

okay, thank you very much for the help you were able to give me. At least i now do have an idea of where i stand on some things. Thanks!