Commonwealth v. Molina, 459 Mass. 819

Molina reserved and prepaid for a three-night stay in room 718 at a private Boston hotel under Expedia.com.
On June 18 hotel staff and security observed disturbances and an odor of marijuana in the hotel vicinity of room 718.
Hotel staff entered room 718 with a master key, observed marijuana, a scale, and cash; they informed the police and left the room double-locked to prevent Molina’s entry.
Detectives later entered with hotel consent and, in plain view, found marijuana, a loaded handgun, cocaine, and cash in the backpack in room 718.
Molina returned that evening and was arrested; he made statements after Miranda warnings, which supported warrants for room 718 and his apartment.
The motion to suppress argued the initial hotel-room entry violated the Fourth Amendment, but the court held eviction terminated privacy so the subsequent searches were lawful.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the eviction terminate privacy in room 718?	Molina asserts eviction did not terminate privacy.	Mol ina contends he retained a reasonable expectation of privacy until notice of eviction.	No; eviction terminated privacy under circumstances described.
Was the police entry to room 718 lawful after eviction?	Police entry was based on valid consent following eviction.	Entr y violated Fourth Amendment absent ongoing privacy interest and notice.	Entries were permissible as the privacy interest had been terminated.
Are the subsequent searches and statements admissible?	Searches and statements admissible as fruits of a lawful eviction-driven entry.	Suppression of fruits due to initial unlawful intrusion.	Affirmed; searches and statements admissible.
Does hotel-eviction framework apply without notice requirement?	Registration card permits eviction without notice for rule violations.	Eviction without notice is not clearly supported by card or standards.	Yes; hotel can evict without notice, terminating privacy rights.

Commonwealth v. Porter P., 456 Mass. 254 (Mass. 2010) (test for reasonable expectation of privacy in hotel rooms)
Stoner v. California, 376 U.S. 483 (U.S. 1964) (hotel guests have Fourth Amendment protection)
Commonwealth v. Paszko, 391 Mass. 164 (Mass. 1984) (privacy ends on abandonment/expired rental period)
Commonwealth v. Netto, 438 Mass. 686 (Mass. 2003) (motel guest abandonment ends privacy rights)
United States v. Allen, 106 F.3d 695 (6th Cir. 1997) (eviction terminates privacy when rental period ends)
United States v. Haddad, 558 F.2d 968 (9th Cir. 1977) (eviction based on good cause terminates privacy rights)
United States v. Young, 573 F.3d 711 (9th Cir. 2009) (electronic lockout may not constitute eviction without notice)
Johnson v. State, 285 Ga. 571 (Ga. 2009) (innkeeper eviction without notice differing by jurisdiction)
United States v. Molsbarger, 551 F.3d 809 (8th Cir. 2009) (eviction by hotel manager with police assistance terminates privacy)
United States v. Croft, 429 F.2d 884 (10th Cir. 1970) (eviction concept analogous to termination of rental period)