Singer Gretchen Wilson gets evicted and she is not happy.
I do not know about the Hospitality laws in all states. I know that in Florida they side heavily with the hotels and apparently so do in New Mexico. If the management f a hotel asks (tells) you to leave, you are bound by law to leave or the cops get called. The hotel does not need to provide a reason for the evection.
You probably have seen in COPS when cops get called to a domestic and somebody gets arrested? How they say there is nothing they can do because they are bound by law to make the arrest if they see a sign of violence? This is stricter as they just need only the request of management to escort you out or plain arrest you if you don’t leave.
What should you do if you are trespassed & evicted? Don’t argue. Pack your stuff, be very polite because in all probability you will be in camera. “But what about what I paid for?” says you, well that is now a civil matter to be resolved at a later date, not a criminal one. Once you are done packing, call Front Desk and ask for the manager to come to the room to have it inspected before you and the cops leave the room. This is for your protection so the hotel cannot say you left a mess behind and charge you a damage fee in the thousands or threaten you with that if they think you will sue them. Ask and officer to accompany you and the manager and use your phone video cam to record the inspection and have the manager say things are in good shape or not and why. If the manager refuses, you still ask an officer present to accompany you while you video record the condition of the room. Be thorough! From light bulbs to faucets and anything breakable, makes sure you have everything in video.
Get a report number. wether you will proceed or not with a lawsuit, you need to have it so you know what officer were present and what evidence will be available (body cams).
I cannot stress the importance of remaining polite and calm, specially with video cameras running. Yes, you can express your disappointment at what is going on, but don’t take it out on the responding cops nor go on rants laced with cuss words. Police videos are public records in most states and they eventually make it to the internet. People will side with you faster if they see you as the composed aggrieved party and not the childish asshole throwing a tantrum that truly needed to be evicted.
If you actually watched the video, you may have seen this interesting caption:
“That guy” was the Front Desk Manager or attendant that the cops talked to when they came in (2:03). I felt and probably the cops also did, he was embellishing the story, specially accusing her in a roundabout way of being drunk. That was a dick move that would probably cost the hotel some money for defamation.
And once again, if you are in Florida, do not refuse a trespass if you are armed because if you are arrested, you go straight for a felony. Your state may vary.
Good advice in general for any interaction with police. The time for arguing that the cops have no right to do whatever “horrible” act you think they’re perpetuating is with your attorney present either in court or in negotiations with the prosecutor. I am continually amazed at the number of people who vociferously and profanely argue with the police and turn what would be at most a citation into a a night as a guest of the county. And yes alcohol and/or other pharmaceuticals are often involved.
I also love the “I am a Celebrity” defense for bad behavior.
You won’t find it listed in any book of state statutes or city ordinances, but ask any criminal defense attorney, any prosecutor, or any patrol officer: the crime that gets most people tossed in jail is “Contempt of Cop.”
Being an asshole to a policeman is a great way to talk yourself into more trouble than you would have been otherwise. It can turn a simple “Hey, man, you took that stop sign kinda fast. There’s a park near here, slow down. Have a nice day.” into a failure to stop, failure to signal, failure to produce proof of insurance, expired tag, and… Is that a Little Tree air freshener on your rear view mirror? Let’s add obstructed view too.
These days, in most places, a couple of joints in your pocket is often only a misdemeanor by statute… Most police departments won’t even respond to a “high school kids smoking dope in the park” call. Get arrested for anything more serious with some pot in your pocket and often most patrol officers will just confiscate and dispose of ‘em, rather than be bothered with the paperwork. But if you want to add some “intent to distribute” charges to whatever else they were busting you for, just be a dick about it.
Police officers also have a special fondness for “Do You Know Who I Am!?” types. Yeah, yeah, you’re the wife of the county drain commissioner, Karen… But now we’re impounding your minivan and arresting you for DUI, instead of just a speeding ticket and telling you not to have a box of Franzia on the passenger seat. Your welcome.
If you’re being evicted I suspect they may prohibit you from returning to the room regardless of being accompanied by an officer and management. Too, given that it is private property not visible from outside, they may refuse – legally – you to electronically record. If you are told no but insist upon it, I suspect the officer would have further cause to bum rush you off the property. Instead, immediately upon straightening up the room, I would commence recording and continue recording until told not to. The goal is to make an uninterrupted recording from eviction to leaving the property.
Of course, as Ish says, how goes the encounter is pretty much determined by one’s attitude.