In an article published in Hotel Executive on September 17, 2025, Chicago-based Partner Rob Schnitz addresses legal best practices for hotel owners and employees when it comes to law enforcement inquiries.
Schnitz clarifies the act of requesting a warrant is still a legal right for hotel owners on private property. He explains further, “Although many questions have been raised about the scope and nature of ICE raids, to date the Constitution has not been amended, nor has the U.S. Supreme Court issued any recent rulings upending the basic guidance regarding the need for law enforcement, including ICE, to satisfy the probable cause requirements of the Fourth Amendment.”
“A hotel’s best interests often align with a law enforcement inquiry and can override the need for a subpoena or warrant when those concerns align with a hotel’s right to enter a guest room or protect the security of guests or employees,” Schnitz says. “For example, if the hotel determines that a guest is likely engaged in illegal activity or actions that pose a threat to the safety of other guests, the hotel can rely upon its common law right to enter a guest room to assess or address the concern.”
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