• Hotel checking

I hav a hotel of 7 rooms a budget hotel.. 
Police comes to check my hotel anytime , they enter every rooms . So my question is can they enter any ones room whether its hotel or residence without warrant or valid proof?
Asked 4 years ago in Property Law
Religion: Hindu

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23 Answers

Yes police can search the hotel room on information of informant about prostitution activities but cannot enter an occupied room withour warrant if guest is staying after providing proper identification.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

No they can't. They need a search warrant. Without search warrant they can't check private residence

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Poluce have framed following guidelines for checking rooms 

 

  1. police should always show their identity cards in general and also when someone asks for it so that there is no ambiguity in the mind of any person concerning the genuineness of the police conducting the raid.

  2. Police team should consist of women staff members. While entering establishments police should first approach the management of hotels to get details of the checked in customers. Policemen should behave properly especially with women and aged persons. Such raids at hotels should have the approval of zonal Deputy commissioners of police.

  3. While raiding police should first check the identification cards provided at the reception of hotel and if they have doubt or want to check the check the identity of person then they should take a hotel staff along with them while going to the room of hotel. Questioning of women customers can only be done by women police officers or at least in the presence of a woman police staff member.

  4. Police has to ensure right that no person is deprived of right to life or personal liberty. Media should not be given access during such raids and senior officer conducting raid should be held responsible otherwise.

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

Police can check private residence too 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

Where privacy involved police can not enter without warrant.  That is one's house. 

In other cases it depends upon facts and circumstances. 

In hotel if police suspect or there is sufficient reason to believe that, some illegal activities are being carried out , police may without warrant  search hotel room,  preferably with some hotels management staff. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

No police cannot forcefully enter the room.and cannot check without any warrant though in some case they might enter if they have any apprehension but they cannot do this every day.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

They cannot enter private residence and check like this without warrant. It is your private space and you have right of privacy.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If you have all the valid licenses required for a hotel then plz show the police those next time they come to your hotel 

They have to give a valid reason why they visit your hotel 

Under pretext of doing duty they cannot just invade someone's privacy

Generally such visits are done to ascertain that no immoral activities are being done from the place. 

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

If you have such doubts then take necessary licenses for running as a hotel from local authority.  The police has Right to check the hotel any time ,normally the police act as per guide lines.First they check the record and guest details .

Ajay N S
Advocate, Ernakulam
4072 Answers
111 Consultations

5.0 on 5.0

Without warrant they can't check if you have valid licenses to run the hotel and NOC from police commissioner office.

 

If they are harassing you like this and taking money from you than can make complaints against them in anti corruption Beauro.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

Hello,

Police officials cannot enter your private premises without due notice unless they have the reason to believe that you harbour an offender or there is a stolen goods in your property or there are some miscreants inside the property. I suggest you to hire a good High Court criminal lawyer and file a writ against this kind of police atrocities.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

1. Police are vested with discretionary powers to check Private /Public places without any warrant /summon /notices, IF they have information or suspect of:
a) Probable Terrorist activities
b) Immoral /Gambling /Drug activities
c) Any other illegal activities /search for fugitives etc....

2. Further IF the area is enforced under section 144, THEN Police can even restrain movements.

3. However IF it is a frequent issue bordering on harassment without any history of past events, THEN a restraining order to the Police can be obtained from the State High Court.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

No they cannot check unless they have a warrant or a probable cause.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

They have to have a strong suspicion. If they are harassing you then you should file an application before the magistrate.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. Police can make search of any property for prevention of apprehended crime.

 

2. However, such search should not be for harassing the Hotel owner without any ground.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

They shall have to bring search warrant if they want to enter in to any private residence unless they can prove that they had information about a criminal hiding therein or a crime is being committed or being prepared to be committed. .

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

The police can enter your hotel or office without a warrant, but only under very limited circumstances.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

police can enter your residence without a search warrant . 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Officers can't just barge into any hotel room without a warrant, nor can they get past the warrant requirement by asking the hotel's permission to search. Indeed, hotels and motels typically don't have the authority to let the police search the room of a registered guest without a warrant.

The police don't have the power to search premises without a warrant. However, they may have obtained the permission of the person concerned. This changes things, and means they can Law enforcement agencies are generally on the lookout for illegal activities. It is their job to ensure that there is no wrongdoing going on in the society.

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

They can check private residence under limited scenario.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

he police can enter your private residence or office without a warrant, but only under very limited circumstances. ... If the police come to your house to question you or any member of your family in connection to a case, they may only enter at your invitation.

Property that is within your house or on your property is generally considered to be private. If the police have to enter onto your property in order to get a look at evidence that they wish to use in court, they generally need a search warrant to do so.

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

No but only only register. Private residence not at all without warrant

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

  1. As per the information mentioned in the present query, makes it clear that what police is doing is totally against the law of our country.
  2. It is right to say that police May have the power to search without any warrant (either private or public) but in that case there must be grave reason for the same and also a complaint against your hotel for any sort of illegal activities.
  3. And as you have said that they have been doing it time and again then I should advice to to approach the court of law of High Court under writ jurisdiction to get the order they can’t do it anytime and if three have received any complaint then a copy should be given to you before search.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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