Legal ?

[russ88955]

I have a legal question the new law in Kansas can they just watch you go into a hotel parking lot and leave in an hour and charge you by just watching the parking lot would they give him right to search your phone

[russ88955]

I have a legal question the new law in Kansas can they just watch you go into a hotel parking lot and leave in an hour and charge you by just watching the parking lot would they give him right to search your phone

[thebodyman10]

Originally Posted by russ88955

I have a legal question the new law in Kansas can they just watch you go into a hotel parking lot and leave in an hour and charge you by just watching the parking lot would they give him right to search your phone

Although I am not in Kansas, this is the first I have heard of this ! Can you elaborate on what this law says please ? It sounds like a huge stretch for LE to be able to have probable cause just on the act of being in a parking lot for an hour !!!

[trey32]

In Kansas, police generally cannot search your phone without a warrant, even if they observe you entering and leaving a parking lot. While watching you is legal, simply being at a hotel for an hour does not provide probable cause to search your phone without consent or a warrant. [1, 2, 3, 4, 5]
Key Legal Points Regarding Phone Searches in Kansas:

• Warrant Requirement: Under the Fourth Amendment, law enforcement must obtain a search warrant—signed by a judge based on probable cause—to search your cell phone.
• Consent: Police may ask to see your phone, but you have the right to refuse. If you say yes, they can search it.
• Exceptions: Exceptions to the warrant requirement are limited, such as immediate danger or exigent circumstances, but a short stay in a parking lot typically does not meet this standard.
• Plain View: Police can seize, but not search, a phone if they see evidence on the screen. [1, 2, 3, 4, 5, 6]

[victoryformation]

I realize in a lot of hobby jurisdictions, it easier said than done, but if you employ mongering street smarts and only hookup with providers who have a website, reviews and operate out of high-end hotels ... it's going to be LE-free and smooth sailing 99.999% of the time!

[Fizley]

Originally Posted by russ88955

I have a legal question the new law in Kansas can they just watch you go into a hotel parking lot and leave in an hour and charge you by just watching the parking lot would they give him right to search your phone

If that is the case I am super in trouble if I ever head to Kansas.

I always stop in hotel parking lots. Need to respond to an email, perfect place.

Need to use the restroom, clean bathroom that majority of the time are not locked. Starbucks super busy. Gas station... gross!

Need a bottled water or a soda, yep vending machine. Don't even have to talk to someone.

I have been known to park under the awning to run in and use the bathroom.