Abandoned Property and Search and Research Proposal

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The second criterion for distinguishing REP situations from non-REP situations in such cases is the physical relinquishment of the premises by the individual who was previously entitled to REP in that area. Typical scenarios of this type involve cases where law enforcement authorities search a hotel room that has apparently been vacated even prior to checkout time and the technical end of the lease period. In such cases, courts have determined that actual relinquishment (such as removing personal belongings and leaving the room key) terminate any REP even before the end of the formal lease period.

Critique:

The most questionable par of the article is the explanation of the converse situation: namely, where the room occupants do not relinquish the premises but remain in possession beyond the formal lease term. According to the author, the general rule is that any REP terminates upon formal expiration of the lease term. That does not seem to reflect the reality that hotel guests often overstay their lease and that many hotels allow as much as a two-hour courtesy in that regard without charge.

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While it is true, as the author explains, that temporary tenants of hotels do not enjoy the same degree of REP as long-term residential tenants, it still seems that their REP should not evaporate immediately upon expiration of the rental period. That would be comparable (in principle) to justifying unwarranted search and seizure of the premises of holdover residential tenants occupying rental property after the termination of the lease. In the view of this reviewer, search and seizure laws should apply more broadly and REP rights should depend more on the type of use of the property than on the formal termination of lease agreements......

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