5.10.2

• Jurisdiction: Arizona

§ 5.10.2 Asking Employees

An officer may not simply ask the manager or hotel clerk for the key to a room and then enter it. See Stoner v. California, 376 U.S. 483, 490 (1964) (hotel owner lacked apparent authority to consent to search of hotel room). Motel or hotel employees can search rooms without justification under the Fourth Amendment because they are “private” entities. However, the government can convert an otherwise private search by an employee into a government search (which will be illegal...