Connor and his wife are guests at the hotel, having reserved a room for three da

Question

Connor and his wife are guests at the hotel, having reserved a room for three days. on the second day and while connor was supposed to be attending a business meeting, he was arrested for sale of illegal drugs. The police immediately went to hotel and received from the innkeeper permission to search the room. During the search the police found illegal drugs and drug paraphernalia. Can they be used against Connor at trial? Why or why not? Does the hotel have any liability to Connor in this circumstance? Why or why not ?

Explanation / Answer

Solution

This is a case of drug possession and Connor can be arrested for having the same and al evidence that has been collected from the room can be used against Connor in the trail. The Misuse of Drugs Act 1971 makes certain that people who are in possession of illegal drugs as notified by the act as offenders and can be searched in person or in property and if drug possession is found on person then it becomes an offence. Even evidence collected from the scene of the possession can be used in trail proceedings against Connor. Possession of drugs either for personal use and not meant for sale should be notified. Since Connor was in possession of drugs illegally, he is guilty of having drugs on him. The Drugs and Drug Trafficking Act of 1992 is the controlling law for drug possession. The penalty that Connor may be served with circumstances under which Connor was arrested and charged. Since Connor had quite some drugs in the hotel room, it could mean that he was intending to distribute the same. The penalty is quite high in such cases.

The hotel is absolved of all liability. It is the vicarious liability of the hotel because   the hotel only assures that all inmates are checked for their credibility and do not have any responsibility to check their belongings unless they suspect so.    When the possession of drugs is intentionally held then it leads to severe collusion and then the hotel is held vicariously liable for such breach of contract and hospitality negligence. The hotel has no liability towards Connor is this case and should in fact help the authorities to ensure that Connor is arrested for possession of drugs.

References:

http://www.urban75.org/legal/drugs.html

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