INS agents arrested the defendant in his hotel room to deport him. The defendant was permitted to pay his bill and get out of the room. Immediately thereafter, FBI agents obtained the permission of hotel management to search the room vacated by the defendant. They found evidence linking the defendant to espionage.
Whether the defendant maintained a reasonable expectation of privacy in the hotel room?
No. The defendant has abandoned his interests of privacy in the room.
Once the defendant checked out of the room, the hotel management had the exclusive right of access. The government obtained consent from a party with the authority to grant it. The Court held that the defendant “had abandoned these articles. He had thrown them away.” Therefore, their seizure was lawful.
362 U.S. 217, 80 S. Ct. 683 (1960)