Can a hotel clerk provide consent for law enforcement to search a room while the suspect is not present?

The answer to this question is based on the principles of consent and property rights. In general, consent to search a location, such as a hotel room, must come from someone who has the authority to grant that consent. Typically, the person who has the exclusive right to access and occupy the room is the guest (in this case, the suspect) who is registered to that room.

While hotel clerks may have certain responsibilities for the premises and may control access to rooms in general, they typically do not have the authority to consent to searches of rooms when the registered guest is not present. This is because the guest retains a reasonable expectation of privacy in their rented room. The law recognizes that without the registered occupant's consent, law enforcement cannot lawfully search the space.

In cases where a search is conducted without the occupant's consent and without a warrant, this could be considered a violation of Fourth Amendment rights. Therefore, while hotel clerks may have access for maintenance or security purposes, their consent alone is not sufficient for law enforcement to lawfully search a guest's room in the absence of the occupant.