Legal Discovery Memo

Only available on StudyMode
  • Download(s) : 188
  • Published : December 12, 2011
Open Document
Text Preview
Evaluation Form for Project 3 (10 points)
 
The Evaluation Form must be attached to your Project 3 submission. I will deduct .25 points if the Evaluation Form is not the first page of your submission. Please note that I deduct 2 points per day that a project is late.  

-------------------------------------------------------------------------------------------------------------------  
Evaluation Form for Project 3
 
You gained points as follows:
 
Effective introduction (1 point max): _____
 
Effective and accurate explanation of the relevant law (2 points max): _____  
Thorough and accurate explanation of the cases on the issue (4 points max): ______  
Thorough request for additional information (1 point max): _____  
Effective organization and clear communication to client (1 point max): _____  
Proper spelling, grammar, and punctuation (1 point max): _______  
Your subtotal: _____
 
You lost points as follows:
 
No Evaluation Form (.25 points): _____
 
Late assignment (2 points a day): _____
 
Your subtotal: _____
 
TOTAL POINTS FOR PROJECT 3: _____

November 3, 2008
 
Mr. Steve Lateman
1324 Paradise Lane
Frederick, Maryland 21701
 
Dear Mr. Lateman:
 
Thank you for speaking to me on January 6, 2008. During our conversation, you informed me that you are seeking legal representation on federal drug possession charges. Under certain circumstances, there is a Reasonable Expectation of Privacy in a hotel or motel room past check-out time. I would like to take this opportunity to advise you about the legal aspects of Privacy in a hotel or motel room past check-out time disputes. What follows is an explanation of the factors the court takes into consideration when resolving Privacy in a hotel or motel room past check-out time. I have also presented some additional matters for you to consider and some questions I would like you to think about that will hopefully assist your case.  

In some cases, courts will determine what is "legitimate expectation of privacy" when resolving disputes the Fourth Amendment protects people from unreasonable searches and seizures. This standard is applied when a Fourth Amendment applies only where an individual has a reasonable expectation of privacy in the place searched or the items seized. There is the presumption that a guest in a hotel or motel room has a reasonable expectation of privacy. However, this presumption may be overcome, a guest generally does not have a reasonable expectation of privacy in his hotel room after the rental period has terminated. Therefore, if the court finds that either of these conditions has been met, the court may determine if an individual has a reasonable expectation of privacy in a hotel room past check out time.  

As I stated above, a guest whose rental period has expired may still have a reasonable expectation of privacy. In order to make such a determination, the court takes into consideration various factors including [a] guest may still have a legitimate expectation of privacy even after his rental period has terminated, if there is a pattern or practice which would make that expectation reasonable. The court also considers the acknowledged that a warrantless search immediately after checkout time would be improper if the hotel, as most hotels do, had a pattern or practice of allowing guests some leeway regarding the checkout time. In making this determination, the court takes into consideration such factors as the length of time after check out, the check out policy of the hotel/motel, as well as the methods of law enforcement. The court also weighs the time that has elapsed since the guest checked in and paid for intended stay parent is also taken into consideration.  

There are several court cases that can assist us in understanding how the courts apply these factors. In one particular case parent is also taken into consideration. In this case, the defendant paying $28.45 for a one night single occupancy stay; he...
tracking img