Las Vegas hotel security guards are not police. Therefore, they are not bound by the Fourth Amendment. They do not need search warrants – or a constitutional exception to the search warrant requirement – to search a hotel patron for drugs.
However, hotel security rarely searches patrons for drugs without their permission. In practice, hotel security typically sets up checkpoints at the entrance to special events, nightclubs, or pool parties. Patrons cannot enter without being searched. And patrons who refuse to be searched can simply leave. If hotel security suspects a patron has drugs, they typically will call the police.
Can security guards perform a citizen’s arrest for having drugs?
Yes. Since security guards are not law enforcement officers, they can perform citizen’s arrests like any other person can pursuant to NRS 171.126. As long as hotel security has reasonable cause to believe the suspect possesses drugs, the guards can restrain the person using no more force than necessary. And since guards are not police, they do not need an arrest warrant.
If the patron fights back against the security guard, the guard may use self-defense with reasonable force. Otherwise, guards should simply restrain the arrestee until the police can arrive.
If security guards use excessive force – or perform a citizen’s arrest without good cause – the arrestee may have grounds to bring a civil lawsuit for battery and false imprisonment.
In addition, security guards who perform an illegal citizen’s arrest could face criminal charges for battery (NRS 200.481), false imprisonment (NRS 200.460), and possibly impersonation of a public officer (NRS 199.430).
What is the penalty for possessing drugs in a casino?
Drug possession (NRS 453.336) is typically a felony in Nevada. The punishment depends on the type of drug and the defendant’s criminal history.
| Drug Type | Nevada Possession Penalties |
| Less than 14 grams of Schedule I or II drugs; or Less than 28 grams of Schedule III, IV, or V drugs | A first or second offense is a category E felony. In general, charges can be dismissed without jail if the defendant completes the sentencing terms. Defendants with two or more prior felony convictions face 1 to 4 years in Nevada State Prison and up to $5,000 in fines. A third or subsequent offense is a category D felony:
|
| 14 grams to less than 28 grams of Schedule I or II drugs; or 28 grams to less than 200 grams of Schedule III, IV, or IV drugs |
|
| 28 grams to less than 42 grams of Schedule I or II drugs; or 200 grams or more of Schedule III, IV, or V drugs |
|
| 42 grams to less than 100 grams of Schedule I or II drugs | Category B felony:
|
| Gamma-hydroxybutyrate (GHB); or Flunitrazepam (Rohypnol) | Category B:
|
Although it is now legal in Nevada to possess up to 1 ounce of marijuana at home, it is illegal to possess any amount of marijuana in public. Consuming marijuana in public is a misdemeanor carrying a $600 fine. Read more in our article on marijuana possession.
