Tuesday, March 3, 2015

Supreme Court to hear warrantless searches of hotel guest records

Back in 2013, the city council voted unanimously to force Encinitas hotels to turn over guest records to the police without a warrant. The idea was pushed on a number of Southern California cities around the same time by law enforcement agencies.

The 9th Circuit Court of Appeals subsequently ruled against the intrusion on Fourth Amendment grounds, putting the Encinitas snooping program on hold.

The U.S. Supreme Court will hear arguments today, and presumably rule in June. We'll hazard a guess they'll respect the Fourth Amendment on this one.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


CORRECTION: Thanks to a commenter who reminded us that the after the city council unanimously passed the law on the first reading, they did not pass it on its required second reading.

14 comments:

  1. That bunch - do something for the people?

    Likely they will uphold the law!

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  2. New mural idea - jackboot stormtroopers assailing the Villa Hotel in search of Ganja Kook.

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  3. Solana Beach did have that ordinance. It came to Council, but was defeated, on the second reading of the new municipal code, after Tony Kranz' and Lisa Shaffer's objections.

    Lisa objected, after members of the public did, that those checking into a hotel were not informed their records could be searched, without a warrant, at any time, upon demand. Tony also objected, saying hotel management usually was voluntarily complying, and a new law wasn't necessary.

    It's a bad law and invites governmental intrusion. There was no justification given for needing the law other than concerns about "white slave trade" in other jurisdictions.

    I don't get why this is being pushed all the way to the Supreme Court. Are these government attorneys who are spending taxpayer dollars on attempting to weaken our Bill of Rights?

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  4. "we have expanded my authority"

    Barack Hussein Obama- President, February 2015

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  5. to 11:15 am. Oh great, here we go again. Just where was your outrage when the war criminals Bush/Cheney were staining our nations reputation a decade ago?

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    1. Don't encourage him! Besides, he'd probably agree with you. To him, any government is bad.

      - The Sculpin

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  6. Who is Barry Soerto?

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  7. Your are correct sir Sculpin. Thanks. I am trying to remember when I agreed with you so it is nice to finally have the opportunity to be on the same side. Will wonders never cease? I sincerely hope more occasions arise for us.

    As for 3:30pm That is the 'birthers' name for our president except this idiot couldn't even spell that correctly. That is so telling of the depth of knowledge they possess and are able to fathom. Shallow much 3:30pm?

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    1. 6:12 Soetoro is the last name of Barack Hussain Obama's step father - a Muslim from Indonesia.

      Barry was the name the President went by in in high school and at Occidental College.

      It is claimed Barry Soetoro attended occidental as a foreign exchange student - Occidental has refused to release the records.

      In the first book President Obama wrote and published around 1990 inside the jacket about the Author - which was written by the author - it stated that Barack Hussain Obama - the author - was born in Kenya. The book was sold in Barnes and Noble, Walden, Target etc

      The above are all facts

      President Obama has refused to release his records. He responded to the 2012 revelation that the book jacket of his book stated he was Born in Kenya by saying the publisher made a mistake.

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    2. 9:09

      Your "facts" are as accurate as your spelling of Hussein.

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    3. 9:43 Barack Obama was adopted by a Muslim named LOLO Soetoro who raised Obama in Indonesia. Barack did go by the name Barry in high school and Occidental. Some claim Obama attended Occidental as a foreigh student with financial aid as Barry Soetoro. Occidental and the President have refused to release records and in 2008 candidate Obama paid millions to retain a law firm to prevent the release or records and to sue those asking questions.

      President Obama's first book did state that he was born in Kenya - perhaps he thought it would help him sell more books

      Today,any facebookFacebook took down the page of a 14 year old black male who had critized President Obama

      Today we learned Hillar Clinton had set up a special email to keep communications from public review while she was Sec of State

      Barack Obama did say last week " we have expanded my authority.

      Each of us can reach our own conclusions about this information

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  8. Nothing on this blog yet on the City Council voting to Dump Peak Democracy?

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  9. Nothing about the meeting today on Pacific View either. Are you OK Wc?

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