Cinnaminson Approves Change For Hotel Records Inspections

CINNAMINSON, NJ — Cinnaminson police will now need probable cause to ask for records pertaining to guests at township hotels following legislation that was approved locally Monday night.

Cinnaminson Township Committee approved a proposed ordinance amending the township code that covers motels and temporary housing accommodations at its meeting Monday night in the municipal building.

The unanimous 5-0 vote was needed following a supreme court ruling that determined police inspections of hotel records were unconstitutional under the Fourth Amendment.

Motels in Cinnaminson have occasionally resisted these inspections, Township Administrator Eric Schubiger said.

“After reviewing our statute, we decided to bring this up as an option,” Schubiger said.

Under the statute, motel owners can now bring in a neutral third party who is approved by the township to review requests from the police department to search motel records to determine if the search warrant or subpoena is enforceable.

A third party can also conduct the search in lieu of the police department, provided that party is approved by the township. That third party would coordinate with and share their findings with the police department.

It also allows motel owners to opt for third-party inspections when applying for a license.

The third party can be an administrative judge or some other type of mediator, Cinnaminson Police Chief Richard Calabrese said.

The township has an ordinance in place that says no one can stay in a hotel for more than 30 days over a 90-day period. Motels are required to hold onto records about their patrons for three years.

Exceptions were made in cases of people in need of emergency shelter, such as residents who lost their home in a fire, Calabrese said.

Previously, police could routinely check records to see if anyone was violating the ordinance. It often helped with criminal investigations, but officers will now need probable cause to search these records.

The decision dates back to 2003, when hotel owners Naranjibhai and Ramilaben Patel led a lawsuit against the City of Los Angeles, alleging their similar requirements were unconstitutional.

After their case was defeated in district court, they appealed to the Ninth Circuit Court, ultimately winning a 7-4 decision in their favor. The city then appealed to the Supreme Court, which ruled 5-4 in favor of the plaintiffs. News of the decision in Los Angeles vs. Patel spread quickly.

Calabrese said despite the change, police can still review records if called in for an issue on the premises. He also said there wasn’t one specific thing that happened locally that spurred the change.

Cinnaminson now has five hotels/motels after it previously had 11. The more problematic hotels were shut down and transformed over the years, including the Garden State Inn, which will soon be home to supermarket giant Lidl.

Settlement on the Azalea Farm property in the same area is expected to take place as early as next week, Township Committeeman Ryan Horner said Monday night. That site is slated to see an assisted living facility for seniors as the township continues to redevelop that area.