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 if the guest is present because the guest holds the right to privacy and control over their rented space. In such cases, the hotel clerk cannot grant access to law enforcement without the guest's permission. This principle aligns with the concept of personal privacy within one's rented accommodation, similar to how a homeowner would have the authority over their residence.

When a guest is present, they can assert their rights, and it is generally understood that they have the first claim to give or withhold consent for a search of their room. If the guest has not checked out, it implies they are still occupying and utilizing that space, thereby reinforcing their right to privacy.

In contrast, situations involving a non-serious crime or a blanket assertion that no situation exists overlook the established legal rights of guests regarding searches conducted without their consent.