Adding fuel to the fight

[Stealth Bomber]

Does anyone know what happens if arrested for trespass on sovereign Indian casino land? Do they handcuff? Where do they take the perp.? Myself and others are considering doing something with an aggressive twist. Can't say what or why yet. Sorry.

Would especially like to hear from anyone who got arrested after having been told prior, NOT to enter the property ever again.

 

[Automatic Monkey]

It depends

The Indian tribes that have casinos have to sign away the bulk of their sovereignty in order to pull it off. That's why they have to obey state liquor laws and (for the most part) collect state sales tax.

Also, Indians are forbidden from applying tribal laws or justice to anyone but their own tribal members. They have no right to handcuff or detain visitors, any more than a department store security guard does. There are situations where security guards can handcuff (in some states) to prevent a person suspected of a crime from fleeing or attacking.

I wouldn't recommend any kind of aggressive action in a casino because the trumped-up charges and criminal record that could result will follow you around for the rest of your life, not worth it to prove a point. However if you do anything and casino personnel touch, handcuff, or physically aggress you, be sure to take note of and report to your doctor and attorney any pain in your back or neck that results.

 

[Stealth Bomber]

Many legal unknowns

I was once escorted out the door and told to get in my car and never come back. I addition, I was handed a paper that said various things to the effect that I am not ever allowed on the property anytime in the future.

It's been about 3.5 years and now I'm thinking about going back to start playing some again. However, I'm concerned about what might happen to me legally. I certainly don't want anything stuck on my record.

Also, Indians are forbidden from applying tribal laws or justice to anyone but their own tribal members.

So what can they legally do with a person who trespasses? What's the worst-case scenario? Who has jurisdiction? Can they haul me down to the County Jail off of the Indian land?

...if you do anything and casino personnel touch, handcuff, or physically aggress you, be sure to take note of and report to your doctor and attorney any pain in your back or neck that results.

Okay, so what if they beat the crap out of me? What recourse do I really have? Remember, these people have sovereign immunity.

 

[john]

It's a misdemeanor, right?

I think trespassing is a misdemeanor. That is a fine and a little probation. They would give you probably 6 months of non-reporting probation and maybe fine you the amount that they think you won at the casino. That sounds like something a jerk of a judge would do.

I doubt that they would beat you up unless you have first-hand experience of something like that happening. I can't see it happening in North America.

 

[Automatic Monkey]

Trespass act, etc.

If it was 3.5 years ago, probably few or any of the people involved will still be there and it's unlikely there is any record of you being barred, other than maybe something on a player's card record. What you might want to do is: go and get a player's card, play some slots for a while, and go home. When they send you some junk mail inviting you to come back to the casino for this or that, save it, then go back and start doing your thing. That mailer with your name on it will serve as pretty solid proof that you were personally invited into the casino by management and thus had a right to be there, should anything happen.

Indian sovereignty is a pretty tricky thing. Most of the tribes with casinos are bullsh!t tribes that were formed just for the purpose of building a casino. And to get this deal they had to sign away all kinds of things including the right to not pay taxes and the right to not submit to state authority. In the stores where I usually play (in CT) the only sign of CT law not applying is they still allow smoking in the restaurants. State troopers are in the parking lot all the time. It's still possible they might though, and in a recent Michigan trip a local told me that these things happen in ther casinos sometime. The best answer you can get will be from a local personal injury lawyer, call one up and tell him you slipped in the men's room and hit your head at the Indian casino and you're wondering if you have a case. He will know for sure.

 

[john]

Just wait a little longer

Hey, you've waited 3.5 years. I believe the statute of limitations will run out after 6 years. Just wait 2.5 more. Then there will be absolutely nothing they can do to you.

 

[Royam]

I'm by no way an expert but...

In my eyes, casinos are private property, but open to the public for commercial purposes and customers are welcome (as "invitees", thus not trespassing). Once you have been communicated that you are not welcome anymore, all subsequent entries on the premises would be deemed trespassing.

You can find the Mississipi trespass act on the Mayor's legal references list and it reads as follows:

"Section 97-17-97, Mississippi Code of 1972:
97-17-97. (1) If any person or persons shall without authority of law go into or upon or remain in or upon any building, premises or land of another, including the premises of any public housing authority after having been banned from returning to the premises of the housing authority, whether an individual, a corporation, partnership, or association, or any part, portion or area thereof, after having been forbidden to do so, either orally or in writing including any sign hereinafter mentioned, by any owner, or lessee, or custodian, or other authorized person, or by the administrators of a public housing authority regardless of whether or not having been invited onto the premises of the housing authority by a tenant, or after having been forbidden to do so by such sign or signs posted on, or in such building, premises or land, or part, or portion, or area thereof, at a place or places where such sign or signs may be reasonably seen, such person or persons shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by confinement in the county jail not exceeding six (6) months, or by both such fine and imprisonment.
(2) The provisions of this section are supplementary to the provisions of any other statute of this state "

I think that the statute of limitation bars prosecution of crimes after a certain amount of time has elapsed, which means that if you haven't been caught for trespassing after a few years, you cannot be prosecuted for this purpose any more. I do NOT think that this changes what I said before about your having lost the invitee status when you were read the trespasser act.

Upon entering the casino, the staff could thus retain you until they hand you over to the police that might arrest you for trespassing. The maximum penalty is impressive (up to 6 months jail), but I have no idea what a judge would really impose. It all depends on local practice.

All I can tell you is that it would probably not be safe on the legal side.

Now, I have also read that players play peacefully in casino where they have been read the trespass act before, and they would need to tell you more about this. I have no experience.

Royam
the trespasser act.

 

[Stealth Bomber]

Indian territory is a very different world

The best answer you can get will be from a local personal injury lawyer, call one up and tell him you slipped in the men's room and hit your head at the Indian casino and you're wondering if you have a case. He will know for sure.

I have mentioned to attorneys a number of possible hypothetical situations that result in injury, loss or damage. They all just say either they don't know if there is any recourse, or making a claim or filing a suit is about a powerful as a popcorn fart in the wind against an Indian casino.

 

[Stealth Bomber]

We may not be in Kansas anymore

My friends, you all speak with sensible intelligence. Much of which would be quite helpful anywhere accept in a land where the laws are hidden and when tested, are very one-sided.

It's quite amazing that our federal gov has allowed things to become this way for its own citizens whenever they enter Indian lands.

The first change that should be required of the Indian casino operators, is to post their one-sided laws in a bold easy to read conspicuous location at the entrance of the property and at the entrance of the casino. Otherwise, I think all there is left for the patrons and employees who enter, is to hope and pray that they are not violated during their stay.