How Much Can Hotel Security Invade Guest's Privacy?

This is a bit of an obscure question about the power of hotel security. I read in the LVRJ about a suspect in an unemployment fraud scheme who was staying at the Wynn. According to the article, the alleged fraudster used the hotel’s business center to ship a package to Houston. Suspecting foul play, hotel security intercepted and opened the package before it was mailed. Inside, they found false identification for dozens of people, which they reported to police. The alleged fraudster is now facing charges. I'm surprised to find out that hotel security has the authority to open someone’s outgoing mail. I would have guessed that only law enforcement would have that authority. I am interested if you care to comment about the power of hotel security.

Here are the exact details from the story.

"Alan Ray, 33, was in possession of multiple unemployment debit cards under various names issued by the Nevada Department of Employment, Training and Rehabilitation and the California Employment Development Department. The value of unemployment insurance benefits on the 24 cards is at least $465,230, but when coupled with illegally filed unemployment insurance claims possibly made by Ray, the total amount reaches nearly $1.15 million in actual and potential benefits, according to court documents. Wynn security also found two notebooks containing personal identifying information of more than 80 people. At least 60 of the names had been used to file unemployment claims in California and Nevada."

For this answer, we went to our primary source on casino security, Joe Dorsey, subject of our latest book, Joe's Dash -- From Million Dollar Drug Busts to Multi-Million Dollar Collections for Las Vegas Casinos. Joe was in the Navy and Coast Guard before becoming a San Diego cop/detective, then worked as an investigator for the Nevada Gaming Control Board before becoming director of security and surveillance for at least five Las Vegas casinos. If anyone would have a perspective on the limits, or lack thereof, of a hotel-casino's authority in security matters, it's Joe.

He told us, "Exigent circumstances allowed security to take action."

"Exigent circumstances" are those that would cause a reasonable person to believe that entry (e.g., a warrantless search) or other prompt action was necessary to prevent physical harm to officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law-enforcement efforts.

"To me, the case of Wynn security opening the package would fall under 'warrantless search.' I have testified in court using exigent circumstances as the justification for my immediate actions." He adds, "You'll notice that a 'reasonable person' means that exigent circumstances can be claimed by anyone."

No part of this answer may be reproduced or utilized in any form or by any means, electronic or mechanical, without the written permission of the publisher.

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[email protected] Feb-04-2021

Shipment Means

I wonder if the means of shipping might make a difference.  It is a felony to open another person's mail without authorization, but it may not be for a Fed-Ex or UPS package.  For example, I used to work in an industry that had required annual financial filings with the state.  The state required that the filings be made through the US Mail rather than through a private company because if the filings included fraudulent information the state could charge the company with mail fraud if it were sent through the US Mail but could not if shipped through a private company.

So I wonder if the rules are different for mailed packages versus packages sent through private companies.

Jackie Feb-04-2021

Are you kidding me

Wynn will end up losing several million $ over this incident.  Security exceeded its bounds, acted inappropriately, and gathered evidence illegally. 

Being in possession of the documents is not a crime and fraudulent theft of funds does not fall under the law of exigent circumstances.

The biggest question here is why did the business center suspect foul play in shipping a package to Houston and why didn't the business center immediately involve Metro in the situation, both very suspicious acts and the basis of a lawsuit against Wynn.

Fraudulent filing of unemployment claims is a crime in both states but there has to be proof that the person who filed the claims is the same person in possession of the documents.  All evidence Wynn security gathered will not be allowed in court and the Las Vegas DA will not pursue the case.

Gene Brown Feb-04-2021

Oops!

God bless The United States of America!

Alan Canellis Feb-04-2021

Good Deal

Proud of the vigilant security!!

John Marmas Feb-04-2021

Q of the day 2/4/21

I wonder how many  times did he do this before  getting caught?
Also wonder if there are other people out there that have done this and gotten away with it.

Kevin Lewis Feb-04-2021

The casinos ARE the government in Nevada

And therefore, casino security has all the power and privileges of regular cops. Maybe not in actual law, but sure as hell in practice.

Jerry Patey Feb-04-2021

Vaccine and security

Be carefull what you say about whether you get vaccine or not. Don't forget you are watched listened too and monitored thru your cell phone. Recall Snowden. If you have not watch movie on Netflix. I have a relative whe was visited by FBL agent because of an innocent comment about 1-6. Yes nothing suggesting violence or any other aggressive. Did any of you for ex watch P-T-S video before 1-6!event???  I did. The one broadcast on CNN and others was an altered version with the aggressive violeent words inserted. 

There is a troller on this site. I am the one he accused of being on drug high when I forecast the existing Vegas situation exactly as it is. Be careful what you post.

O2bnVegas Feb-04-2021

An exigent circumstance?

Perhaps the package was ticking.

Candy

RichM Feb-04-2021

Jackie

Yep. It sounds like they were fishing through his mail and happened to find something. If they had the amount of info one would need to reasonably believe this specific fraud was occurring, they could have simply held the package and contact the police.

Jackie Feb-04-2021

But RichM

That's the point, they did not call the police (Metro) or the State police, or the FBI who would have tracked the package to Houston in search of fellow fraudsters.

Wynn security makes the Keystone Cops look like professionals.

Question of the Day - 04 February 2021

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