questions on being barred

[Negus]

Hi All

I am looking for advice about having been barred from MGM Resorts. I was recently barred from playing in one MGM-Mirage resort casino in Las Vegas and was read the trespass act as I was escorted from the building. They didn't get my name and so don't know who I am.

I was wondering about a few things.

1. Is this trespass act valid for all MGM-Mirage resorts or only for the Casino I was thrown out of

2. What would be the chances of them identifying me on their premisies if I stayed clear from the pit and was only there in the stores, restaurants or bars. Would they be likely to prosecute me if I wasn't there to gamble.

3. Since they don't have my name could they prosecute me under this act as they're not certain if it was me in the first place.

Thanks in advance for all your help

Negus

 

[sighguy]

Dude you had your picture taken 4 ways to Sunday long before the final sentence of the trespass act was uttered. As to whether the trespass was valid at all MGM properties, technically yes..but, I doubt you'd be messed with at another club, unless they detected you counting there as well. I don't think you'd be arrested, but you'd be trespassed again. Eventually, an arrest could be in your future, regardless of whether they have your name or not. Although I do hear that MGM-Mirage has an excellent record of sharing information between themselves.

 

[learning to count]

Negus first of all under normal conditions a tresspass warning must be accompanied by some type of official documentation; a police report for example. In order to do so you must have a police officer present and your identity must be established. If they trespassed you without identifying you then the trespass is a bluff.

Now if they photographed you and wrote a casino report and filed it then they would have the begginings of a case against you when you return. If they did arrest you based on this photo and thier casino report then you would have a great defense. Your lawyer could argue first that no official legal officiate was present and that the film could be someone else and that they are wrong. The photo would be circumstantial at best. He could further argue what crime did you commit to recieve such treatment. This could be considered some type of civil rights complaint. I still am amazed when they trespass a person without knowing the identity and having a police officer to offciate the trespass.

Stay away for a couple of months they will forget. Also take notice of that shift and stay away from them. Above all be carefull the pit devils will lie to get you arrested. Most of these trespass cases are dropped. It is another form of harrassment at best.

I know its Nevada but they have follow the rules too or at least act like they do.

 

[sighguy]

What a bunch of drivel. A police officer must be present for a trespass warning? Not. The trespass warning is given by the owner or (representive of) the owner of the property. Name required? Not. I know that, at some clubs, when they trespass a "refused", the photo is always taken with security in the photo, to prevent the "must of taken a photo of me walking through the casino." schtick. Although..arresting counters for trespassing would probably never happen, simply for the fact that it ain't worth the effort, since you'd simply be backed off/booted out, once again. Trespass arrests are usually reserved for the [other] low-life types that frequent casinos, the bums and those that would steal from the patrons.

 

[learning to count]

Yep, sorry but thats it, a police officer must be present to witness the casino giving an official warning. Then it must be logged by a report or a FC card (Field Contact card and placed on the computer at the PD). Then if you come back then you will be arrested. It is called evidence it is the way you officiate the warning. A picture and even a report saying you gave a TW to a unidentified person aint gonna fly in court.

Yes A casino gorilla can grab you and hold you and read the warning; but without your identity and it being recorded on a municiple or state record; you dont have a good case. TO take it further they may press charges if they want but they will not stand. This is a bad case and will amount to bad case law and possibly a lawsuit for false arrest lack of probable cause.

The reason the gorilla can garb you is because the state granted businesses the right to detain thieves and hold them for the police. They also granted the business the right to expell anyone for no reason from thier place of business. This is a granted of quasi police powers to private businesses but with the cooperation and responsibility of the power of the state. The probelm in Nevada is that a special relationship between the casino and government has existed to the point that the casinos take the law into thier own hands and the state looks the other way.

Were you pinched by the casino and arrested? You seem scared of this scenario. It would scare me if I did not know my rights; I guess.

 

[CC-Management]

Dude you have posted several times on this site. Your oppinion is valued here on CC.COM. SO why dont you create a profile and officially join the club. Its free, its easy, and is a privilige!

 

[The Mayor]

>1. Is this trespass act valid for all MGM-Mirage resorts or only for the Casino I was thrown out of

Unless they explicitly stated ALL, it is only valid for this one. What did they state?

>2. What would be the chances of them identifying me on their premisies if I stayed clear from the pit and was only there in the stores, restaurants or bars. Would they be likely to prosecute me if I wasn't there to gamble.

Good chance they will spot you coming in the door if not too much time has passed, especially if it the same store. FRS is pretty powerful. Yes, they would most likely prosecute you.

>3. Since they don't have my name could they prosecute me under this act as they're not certain if it was me in the first place.

Yes.

Sucks!

 

[sighguy]

I've already used "drivel" right? Let's see......balderdash LTC..A cop does not have to witness a trespass warning. I have been in this state for a very long time and have witnessed scores of trespass warnings and a bunch of arrests for either refusing to leave when told to, or returning after being warned not to. Metro will cite the individual and, unless the individual is being a dick-head, will release them. As to whether the judge will do more than levy a $50 fine, hey, who cares? The casino is following the letter of the law when arresting a person for trespass who has returned after being warned not to or for refusing to leave, Metro is following the letter of the law when citing that person for the violation of the law. The trespass act and the consequences of violating it have been challenged and..gee, the law is still with us. Gotta love the English and common law, don't ya?

NRS 207.200 Unlawful trespass upon land; warning against trespassing.

1. Any person who, under circumstances not amounting to a burglary:

(a) Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act; or

(b) Willfully goes or remains upon any land or in any building after having been warned by the owner or occupant thereof not to trespass,

is guilty of a misdemeanor. The meaning of this subsection is not limited by subsections 2 and 4.

2. A sufficient warning against trespassing, within the meaning of this section, is given by either of the following methods:

(a) Painting, at intervals of not more than 200 feet on each side of the land, upon or near the boundary, a post, structure or natural object with not less than 50 square inches of fluorescent orange paint or, if the post is a metal fence post, painting the entire post with such paint.

(b) Fencing the area.

3. It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.

4. An entryman on land under the laws of the United States is an owner within the meaning of this section.

5. As used in this section, "fence" means a barrier sufficient to indicate an intent to restrict the area to human ingress, including, but not limited to, a wall, hedge or chain link or wire mesh fence.

[1911 C&P § 500; RL § 6765; NCL § 10447]-(NRS A 1969, 96; 1975, 1169; 1987, 2086; 1989, 997)