In what situation can a hotel clerk legally deny consent for a police search?

A hotel clerk can legally deny consent for a police search when the guest is present because the guest holds a reasonable expectation of privacy in their hotel room. In this context, the hotel clerk typically does not have the authority to grant access to law enforcement without the guest's consent, even if the police may have probable cause to search. The presence of the guest indicates that they are the primary occupant of the room and thus have control over the premises.

While situations involving check-out status or the nature of the alleged crime may affect other legal aspects of a search, the guest’s presence is a key factor since it reflects their ongoing occupancy and expectation of privacy as protected under the Fourth Amendment. Law enforcement must respect this expectation unless they obtain consent from the guest or possess a valid warrant, or exigent circumstances apply.