6/25/2015 – Washington — The Supreme Court recently ruled that law enforcement cannot routinely and without cause inspect hotel guest records in their efforts to fight prostitution and human trafficking, among other crimes.
According to recent reports, the Justices voted 5-4 against such laws even though supporters of the law claim they are necessary and vital tools for police.
Called into question was a Los Angeles city ordinance that allowed police to demand any innkeeper produce their guest registry for inspection without a warrant or other court order.
Justice Sonia Sotomayor spoke on behalf of the majority vote when she stated the law is unconstitutional because it penalizes the hotel owners if they refuse to comply.
Under the Los Angeles ordinance, any innkeeper who refused to provide their registry for inspection could be arrested on the spot without a chance to object in court or other due process.
In dissent of the majority vote, Justice Antonio Scalia claimed the law was “eminently reasonable” because such hotels are often places of operation for individuals and groups involved in sex and labor trafficking.
“The warrantless inspection requirement provides a necessary incentive for motels to maintain their registers thoroughly and accurately: They never know when law enforcement might drop by to inspect,” Scalia said. Chief Justice John Roberts and Justices Samuel Alito and Clarence Thomas also dissented.
Many states and cities require innkeepers to collect basic information from guests – such as name, vehicle tag number, and photo identification.
The Justices ruling does not affect an innkeepers obligation to maintain a registry of their guests as required by local laws.
According to Municode.com, Oklahoma City’s ‘Guest Register’ ordinance is not compliant with the Supreme Court’s ruling.
Oklahoma City’s ordinance reads;
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§ 13-144. – Guest register.
The operator of a motel or tourist camp shall keep a record of all persons who rent or use any camp buildings. The record shall contain the names of said persons, and their home addresses. The record shall be open to inspection by any officer of the Police Department.
(Code 1970, § 9-200; Code 1980, § 13-144)
JohnTV supports the majority vote in this instance.
While inspection upon demand of guest registries could certainly prove useful in identifying possible pimps, traffickers and drug dealers – what is gained by this does not outweigh privacy concerns for hotel operators and their guests.