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I am a hotel owner and have been asked by the local police agency to hand over the keys to 10 rooms.

San Diego, CA |

The 10 rooms have tenants who are parolees with 4th amendment waivers. Do I have to give them the keys. Normally I go with them and open the doors. Also, they want to bring in 20 officers and I am concerned about my other tenants and their right to quiet enjoyment. Could I be exposed to liability by the other tenants if something goes wrong?

In addition, they want to do this at 5:00 a.m. and I am sure with that many officers that my other tenants are going to complain. I am also concerned about the news stations showing up to film this and how it will affect my buildings reputation.

Attorney Answers 2


  1. Wow, there are a lot of issues here and I'd love to do further research in the area. I don't think that it is a violation of your civil rights but there are property rights involved as well as the potential damage to your reputation. You may want to start by trying to get in front of a judge to get an injunction against this type of massive police action. It is one thing to surprise a probationer at home and it is another to raid a community en mass.

    Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.


  2. Your commercial purpose will be definitely violated. Talk to the police officers to have the police action modified to a lesser degree of disturbance to your business. This is a balance of hardship analysis, the police power required for public interest versus your private property rights. Try to settle it. Edward C. Ip www.lawyer4property.com

    No attorney / client relationship established. The answr is for discussion and general information only. The lawyer had not reviewed any documents or contract prior to the above comments.

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