mr. rosenkrantz's answer to my question. he said there is no notion of probable cause, reasonable cause. the hotel owner is required to beat these records and that's not disputed. they're required to keep them. and the police don't have to have any reason. that would be simone by that kind of hearing? >> this court's consistent line of precedence, there are six case that's have dealt with this subpoena rule, have said the following. that is the concern when you have a scheme like this one that doesn't tell the officer how often or when to search is that the officer will do two things that are forbidden by the fourth amendment. one is they'll do it in a harassing way. and the second is they'll use it for crowd control. the latter is a real concern here. the city is saying it wants to look at the record to for example find prostitutes or the johns who are involved in renting the rooms. so that's why what you do is let the police issue the subpoena. they don't go to the judge ahead of time. but the prospect that there can be an

mr. rosenkrantz, are you saying, then that the police can do this can request these records on demand, and they don't have to have any reason at all, no reasonable cause no probable cause nothing because the privilege is to deter people from staying in hotels who might do bad things? so nothing like a reasonable suspicion requirement. >> that's correct, your honor. it's the same rationale this court adopted in berg dwlaerks frequent unannounced spot inspections are necessary in order to achieve that deterrent purpose, that if the hotels do not record all the names and more specifically they record most names but not the names of the guests they know are criminals, there's no way to know unless you have this frequent unannounced inspection that someone is missing. so there's a real necessity here as there was in berger and in biswell. >> can you tell me how many prosecutions there have been? and i use the word both criminally and civil. for the failure to register people. >> there have been numerous prosecutions. i can't tell you how many. the complaints in this case which are the beginning