Silver Spring, MD asked in Consumer Law, Criminal Law, Business Law and Civil Rights for New Jersey

Q: In NJ, is it legal for hotel security to go through a guest luggage/baggage after being locked out?

AC,NJ hotel and casino guest luggage in room after guest was locked out of room for trying to extend stay and payment was declined. The guest was not allowed to get belongings out of room, instead security went to room, opened guest personal belongings and proceeded to go through their baggage/luggage.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In New Jersey, hotel staff and security are generally not allowed to search a guest's personal belongings without consent, even if the guest has been locked out of their room due to non-payment or other issues. The hotel may have the right to remove and store the guest's belongings, but they should not go through the contents of the luggage without permission.

However, there are some exceptions to this rule:

1. If there is a valid reason to suspect criminal activity, hotel security may be able to search the room and belongings with probable cause or a warrant.

2. If the hotel has a clearly stated policy that allows for the search of guest belongings in specific circumstances, and the guest agreed to this policy upon check-in, the hotel may be able to enforce it.

3. If the guest has been evicted through proper legal channels, the hotel may have more leeway in handling their belongings.

In most cases, though, going through a guest's personal items without consent could be considered an invasion of privacy. If the hotel staff did not have a valid reason or the guest's permission to search their belongings, the guest may have grounds for a complaint or legal action.

It's important to note that while I can provide general information, this should not be taken as legal advice. If someone finds themselves in a situation like this, they should consult with a local attorney who specializes in landlord-tenant law or hotel disputes for guidance on their specific case.

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