Lerhinan V. Case Brief

Facts: A number of cases of liquor and a tool and die set were stolen from the bar and storeroom located in the Colony Arms Hotel in Glen Cove. Mr. Lerhinan was staying at a local motel and was several weeks late in payment. According to Chapter 10 in our textbook Hotel Restaurant and Travel Law, “guests rights to exclusive use of the room ends if the guest fails to pay as agreed or if the occupancy period expires” (Cournoyer, 368). The hotel manager entered Mr. Lerhinan’s room with the purpose of collection. When Mr. Lerhinan was found not to be in his motel room the manager decided to move all of his belongings to the basement and re-rent the room. The Chapter 10 states that, “the right to occupy the room reverts from the guest to the innkeeper, who is then entitled to enter the room, prepare it for the next visitor, and remove any remaining property of the guest” (Cournoyer, 368). While collecting Mr. Lerhinan’s belongings he came across the stolen liquor in the defendant’s closets; he immediately called the police. The defendant was arrested the next day and charged with the theft of the stolen items. Mr. Lerhinan moved to suppress the evidence found in the motel room, due to the fact that he claimed that the motel manager violated his fourth amendment to privacy by entering his motel room.

Holding: It is concluded that a hotel guest, who has a constitutionally protected right to privacy in his room, loses any reasonable expectation of such privacy when the rental period expires. At that time, the hotel owner may reassert control of the room and validly consent to have the police search it and its content; thus Mr. Lerhinan’s challenge to the search must be