Motel Evictions -- Question
Dale,
I have attended your class 3 times. Twice as a patrolman and once as a Sergeant.
Our town has a bunch of hotels / motels. They range from nice to crappy to say the least. Lately we have been having trouble at one of the middle of the road hotels with large parties. A majority of the time patrol goes to the hotel and the first thing the clerk says is "I want them all tossed out". Well you can kinda guess what the patrolman do , they storm down to the room and kick everyone out. Fortunately for us it has not come back to bite us.
This past weekend we rsponded to the same hotel for another unruley party and the clerk as usual says to the responding officers" I want them all tossed out". I responded as well and heres were the problem started. I told the clerk we were done being the eviction police. I explained to the clerk we (the police) are sticking our necks out on the line and that we were not going to evict anyone anymore. I tried to explain to her that we weren't in the business of violating peoples rights and she looked at me like I had 3 heads.
Now I'm having to answer to my higher ups as to why we refused to "toss" the unruly party goers out.? I went over the cases in the book (I call it my bible) with my bosses. I was met with raised eye brows and concerned looks. Ha, unusual but good ! So now I'm stuck with them wanting me to investigate other options. I basically told them a majority of the problem lies with the motel management "Dont rent rooms to people who are having parties". You and I both know that wont happen. I remember you touching on this specific topic in your classes and I dont remember if you talked about other options or not. Are there any is my question?
Ok -- here are a few suggestions --
1. Tell the motel to include in the "contract' / agreement signed when the person checks in that the person renting the room agrees that if he / she is noisy, officers at the direction of the motel personnel may summarily evict the lessee. It should also be included that force may be used by the officers in evicting the renters. Tell the motel that their attorneys must draw this up and it must satisfy you (the officers and your attorneys) that it gives them sufficient power to throw them out. The contract must provide that officers may enter the room in these circumstances without additional consent or warrant.
2. Tell the clerk that she / he can throw the people out -- and you will stand by and make sure there is no breach of peace.
3. Tell the motel to hire their security guards.
Best -
DA

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