• Entering hotel room and removal of property

So i Had a hotel Room in my name and i am not on any type of search and seizer or anything and i was not at the hotel but hotel staff let the officers in my room and they took all my belongings saying that it was bought fraudulently and wouldnt give it back but cant prove that anything they took was bought fraudulently and they had no search warrants for anything. So would like to know how is it legal for them to get in my room and also take anything from that room? And if its not legal what can i do? Thank you for ur time
Asked 1 year ago in Constitutional Law

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7 Answers

It is not legal for officers to enter into your room and take away your personal belongings 

 

2) file complaint against said police officers before commissioner of police 

 

3) file RTI application on what basis officers entered into your room without search warrant 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Dear client,  

It is generally not legal for law enforcement officers to enter and search a hotel room without a search warrant, except in certain limited circumstances such as when they have probable cause to believe that evidence of a crime is being destroyed or when there is an emergency situation.

If the officers did not have a search warrant or other legal justification for entering your room and seizing your belongings, then their actions were likely illegal. You may want to consider speaking with a lawyer who can review the specific details of your situation and advise you on your legal options, including the possibility of filing a complaint or lawsuit against the hotel and/or law enforcement agency involved.

In any case, it may be helpful to gather as much information and evidence as possible, such as records of your hotel reservation, receipts or other proof of ownership for the seized items, and any communication you have had with the hotel or law enforcement officials regarding the incident.

 

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

If you have the details of seizure of your belongings from your hotel room and list of items that had been taken away and the names of the people who took them away, you can lodge a complaint for theft of your items against them with the local police and include the hotel staff for their involvement in the theft of your property.

You can then escalate the matter through court if police are not cooperating.

Before that you can ascertain the facts and background behind this seizure.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

It is not legal for the officers to enter your hotel room without a search warrant or your permission.

file a complaint against the officers for violating your rights and for taking your property without legal justification.

You may also be able to seek compensation for any damages that you incurred due to the officers’ actions.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

As your location is US, you have to seek remedy as per local laws of the land.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Only if they have search warrants they can enter room and seize the property 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

- Since, you had booked the said room for your personal purposes and use , then none having right to enter into the said room without getting your consent .

- Further, none of the officials /staff of that hotel having right to take any time removed from the said room without getting your consent 

- Hence, by removing the items without your consent , then have committed an offence and hence you can lodge a complaint against that hotel officials for the offence of breach of trust , theft and trespassing. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

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