Can a hotel/motel employee give consent to search a guest's room?

• A. Yes
• B. No, unless the guest has checked out
• C. Only with supervisor approval
• D. No

Answer: (B)

A hotel guest has a privacy interest in the room, so a search requires permission from someone who has authority over that space. The guest who rented the room is the person who can consent to a search while they are occupying it. A hotel employee does not have the authority to waive the guest’s privacy rights by giving consent on the guest’s behalf. Only if the guest has checked out—so the room is no longer occupied—does the hotel itself have the authority to permit a search. In that situation, the hotel’s consent can cover a search by authorities.