5.10.1

• Jurisdiction: Arizona

§ 5.10.1 Standing

The aggrieved person must have an expectation of privacy to challenge the search of a hotel room. See State v. Huffman, 169 Ariz. 465, 820 P.2d 329 (App. 1991) (Div. 2) (defendant, who denied any interest in key to motel room, had no standing to challenge search of motel room).

A hotel guest loses his or her expectation of privacy in the hotel room upon termination of the rental agreement or at the conclusion of the rental period. State v. Ahumada, 125 Ariz. 316, 318, 609 P.2d 586 (App. 1980) (Div. 2) (at conclusion of rental period, hotel guest loses expectation of privacy in room); State v. Weekley, 200 Ariz. 421, 427, 27 P.3d 325, 441 (App. 2001) (Div. 1) (“[u]pon the expiration of the rental period, a hotel guest no longer has a right to use the room and loses any privacy interest associated with it”?defendant had no standing partly because rental agreement had expired). “A hotel may terminate a guest’s rental agreement if he engages in unlawful or objectionable conduct.” Id. at 426, 27 P.3d at 330 (defendant had no standing because the hotel had terminated the defendant’s occupancy because of illegal conduct in room and rental agreement had expired).

“[The Ninth Circuit has] held that if a hotel guest’s rental period has expired, or has been lawfully terminated, the guest...