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39. Should the court suppress the diary?
The woman was charged in federal court with bank robbery. She has moved to suppress the diary.
A federal officer had probable cause to believe that a woman had participated in a bank robbery. Two days after the robbery, the woman checked into a local hotel. When the woman left her room for the evening, the hotel manager opened the hotel room door so that the officer could enter the room and look inside. The officer did not find any of the stolen money but did see, lying open on the bed, the woman's diary. The diary contained an entry describing the woman's involvement in robbing the bank.
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B is incorrect. This answer reaches the correct answer with the wrong reasoning. Admitting the diary would not violate the woman's self-incrimination privilege because the woman was not compelled to write (or to produce) the diary. See United States v. Hubbell, 530 U.S. 27, 35-36 (2000).
C is incorrect. The hotel manager did not have the authority to allow the officer to enter the woman's hotel room. Stoner v. California, 376 U.S. 483 (1964).
D is incorrect. The hotel manager did not have actual authority to allow the entry under Stoner, and any reliance by the officer upon the manager's unauthorized consent would not have been reasonable. Illinois v. Rodriguez, 497 U.S. 177, 187-89 (1990) (discussing Stoner).