Houston, TX asked in Criminal Law and Civil Rights for Texas

Q: I have a friend who did not show up to court and now the Sheriff's Department is looking for him.

They came to my hotel and started asking questions about me (license plate number, room number, etc.) and suggested the hotel evict me...which they did. I am not under investigation by this department and they came here solely looking for my friend and, for some reason, thought he was with me. I am not the person who bonded him out of jail and am not affiliated with his case in any way. Can they do this? Can they come here and ask multiple questions about me when they are looking for my friend? Can they suggest this hotel evict me? Do I have any recourse in this situation? I learned that they have been here on multiple occasions asking questions about me. I feel like my privacy has been invaded and am speechless about their suggestion to throw me out of my room.

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2 Lawyer Answers

A: When a deputy sheriff is looking for a fugitive, he/she absolutely can talk to people who may know the fugitive and ask questions. You have no obligation to answer them. Your recourse is to decline to answer the questions.

While they can suggest to a hotel that it evict you, they cannot compel the hotel to do so. The suggestion--even from law enforcement--does not give the hotel the right to evict you. Whether the hotel can lawfully evict you depends on whether you are a guest or a tenant and, if you are a tenant, on the terms of your lease agreement with the hotel. Your recourse is to exercise your rights under your lease agreement with the hotel.

James L. Arrasmith
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Answered

A: Based on the information provided, this situation raises several legal concerns regarding privacy, police conduct, and tenant rights. Here's an analysis of the key issues:

1. Police questioning:

Law enforcement generally has the right to ask questions as part of an investigation. However, they cannot compel you to answer questions without a warrant or subpoena. You have the right to remain silent and decline to provide information.

2. Privacy concerns:

The repeated inquiries about your personal information (license plate, room number) when you're not the subject of their investigation could potentially be seen as an overreach. However, police have some leeway in pursuing leads and gathering information.

3. Hotel eviction:

The suggestion by law enforcement for the hotel to evict you is concerning. Hotels generally have the right to evict guests for various reasons, but an eviction based solely on police suggestion without evidence of wrongdoing on your part may be questionable.

4. Potential recourse:

You may have grounds for a complaint against the Sheriff's Department for their conduct, especially if you can demonstrate that their actions were unwarranted or caused you harm (e.g., loss of lodging, emotional distress). You could consider:

- Filing a formal complaint with the Sheriff's Department's internal affairs division

- Contacting a civil rights attorney to discuss potential legal action

- Reaching out to local elected officials or civilian oversight boards

5. Legal advice:

Given the complexity of this situation, it would be advisable to consult with a local attorney specializing in civil rights or police misconduct. They can provide more specific guidance based on Texas law and local regulations.

6. Documentation:

If you haven't already, document all interactions, including dates, times, names of officers (if known), and what was said or done. This information could be crucial if you decide to pursue any formal complaints or legal action.

Remember, while law enforcement has certain powers to investigate crimes, they must still respect individuals' rights and follow proper procedures. If you believe your rights have been violated, seeking legal counsel is the best way to understand your options and potential recourse.

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