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8J Consent 2016 0502
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8J Consent 2016 0502
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Last modified
5/20/2016 10:14:23 AM
Creation date
4/27/2016 4:20:13 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/2/2016
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PERM
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_CC Agenda 2016 0502 CS+RG
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Path:
\City Clerk\City Council\Agenda Packets\2016\Packet 2016 0502
Ord 2016-006
(Reference)
Path:
\City Clerk\City Council\Ordinances\2016
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File Number: 16-218 <br />without an opportunity for pre-compliance review, the existence of exigent circumstance, or <br />without a validly executed search warrant. Therefore, the City, without taking further steps or <br />showing exigent circumstances, cannot require a lodging operator to produce a guest registry <br />absent a voluntary willingness to produce the information. <br />In response to the Supreme Court’s holding, the police department suspended warrantless <br />searches of guest registries without voluntary consent. The purpose of the proposed <br />amendments to the Lodging Registration Ordinance is to comply with City of Los Angeles v. <br />Patel and provide other minor clarifying amendments. A police officer may request a lodging <br />operator to voluntarily disclose the guest registry. A lodging operator may refuse, without <br />legal consequence or repercussions. Absent voluntary disclosure, the police department <br />must obtain a search warrant to access the guest registry. A lodging operator that refuses to <br />produce the guest registry upon presentation of a duly issued search warrant is subject to <br />sanctions pursuant to the Lodging Registration Ordinance. Additionally, this Ordinance <br />makes minor clarifying amendments regarding acceptable forms of identification for guests. <br />PREPARED BY: Richard D. Pio Roda, City Attorney <br />Page 2 City of San Leandro Printed on 4/26/2016
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