Personal Property Searches?

Prendooo

Hi

My question is - does a hotel have the legal right to search my bags? I'm part of a debs tomorrow and there's a rumour of the hotel searching our bags for drink, which most people are bringing due to the increased prices (8 euro for a shot and five euro for a pint etc.) so is a bag search when we arrive legal or can i straight up refuse them?

seamus

The search can constitute a condition of entry.

The venue is entitled to request a reasonable search as a condition of entry.

You have every right to refuse to consent to this search, and the venue is then entitled to refuse you entry to the event.

Prendooo

Thanks a million Seamus, that's helped a lot!:D
Not to be a nuisance now or anything, but would frisking/room searches come under the heading of reasonable search?

jblack

seamus wrote: »

The search can constitute a condition of entry.

The venue is entitled to request a reasonable search as a condition of entry.

You have every right to refuse to consent to this search, and the venue is then entitled to refuse you entry to the event.

A hotel would only have a right to search if you consented at the time of the contract. Otherwise they have no such right.

If they have reasonable suspicion that you are breaking the law their remedy is to call the guards.

Gurgle

Prendooo wrote: »

does a hotel have the legal right to search my bags?

I'm fairly sure nobody but a garda or customs officer has the legal right to search your bags.

A hotel does have the legal right to refuse admission, which they could apply if someone doesn't submit to a voluntary search of their bag.

seamus

jblack wrote: »

A hotel would only have a right to search if you consented at the time of the contract. Otherwise they have no such right.

If they have reasonable suspicion that you are breaking the law their remedy is to call the guards.

The hotel have no "right" to search you. They have a right to impose conditions of entry, one of can be to request a bag search before anyone enters the venue. If you refuse a bag search, the venue has the right to refuse admission.

You don't have to be breaking the law - there are a number of ways that venues can and do justify this - primarily the excuse that if someone is carrying alcohol into the venue then the bar staff are unable to control what is being consumed. There are also other legitimate issues around safety (glass bottles used as weapons) and protecting their business by ensuring that patrons aren't sponging off them.

This doesn't necessarily have to be part of any contract - the venue has every right to refuse admission to any person if they deem it necessary. However typically if searches weren't mentioned at the time of the contract, then the venue would be required to refund any individual who was refused entry on the basis of refusing a search.

frisking/room searches come under the heading of reasonable search?

As a I mention above, a "reasonable search" would be one where the venue requesting the search has valid reasons for doing so. A venue couldn't just decide that they want to search everyone coming in, they need a good case for it.

Room searches, totally different ball game. If the hotel didn't mention that room searches were part of the deal before you took the room, then they can't search it under any circumstances. Even then they would not be permitted to search the room at any time without first obtaining your permission and notifying you in advance of the search.

Even then it would be a very dodgy area, as it could easily be considered a breach of privacy.

Prendooo

There was no mention of searches during booking (which I did over the phone.) However a week later I was contacted by the hotel and told I'd need a safety deposit of 100 euro, which also wasn't mentioned during the booking process.


So say for example, Person A was to bring a naggin of vodka to a hotel, get it up to the room in a pocket or something, consume it only in the room and nowhere else on the premises, they'd be grand, no repercussions right?
All Person A is looking for is a night that isn't as tough on the pocket as it looks like it's shaping up to be..:(

jblack

seamus wrote: »

The hotel have no "right" to search you. They have a right to impose conditions of entry, one of can be to request a bag search before anyone enters the venue. If you refuse a bag search, the venue has the right to refuse admission.

That's just downright pedantic.

They do have a right to search you as a condition of entry if it is brought to your attention at the time you entered into agreement. You of course may decide not to allow such and the hotel may treat this is as non-compliance of a condition precedent - their remedy may be pre-agreed damages (up to full value) or principles of resititution, abatement and set off may also apply.

Which is of course a "right" arising from a contractual agreement.

Procrastastudy

Club together book a room for the night before the Debs - fill it with booze - simples!

stovelid

I've heard it all now.

Drink less or pay up.

MagicSean

Prendooo wrote: »

There was no mention of searches during booking (which I did over the phone.) However a week later I was contacted by the hotel and told I'd need a safety deposit of 100 euro, which also wasn't mentioned during the booking process.


So say for example, Person A was to bring a naggin of vodka to a hotel, get it up to the room in a pocket or something, consume it only in the room and nowhere else on the premises, they'd be grand, no repercussions right?
All Person A is looking for is a night that isn't as tough on the pocket as it looks like it's shaping up to be..:(

So don't drink so much.

There's is no problem with booze in your room so they wouldn't search it. The problem is with bringing it to the party. Did you buy your ticket direct from them or from an organiser? I'll guess an organiser so your room rental agreement is completely irrelevant.

stovelid

The drink thing is strange in Ireland.

Imagine how strange it would seem (especially abroad) to try and use a restaurant's facilities for the night but sneak in a packed lunch to avoid paying for anything and even go as far as to seek legal redress in the case of them trying to prevent you doing so.