Casino Security Can Detain You In Certain Circumstances
It is true that casino security can legally detain you, but only in certain circumstances. There are also legal requirements for the detainment itself that must be met. If casino security detains you without probable cause or in the wrong manner, they could be liable.
Whether or not you have committed a crime, it is best to contact an attorney as soon as you are released by casino security. If the security team did not act appropriately, they could be held liable for damages. However, in many cases, casino security is immune from liability. It takes a skilled attorney to know the difference, but here are some guidelines.
When Can Casino Security Legally Detain You?
The Nevada Gaming Commission publishes regulations that include requirements for casino security.
According to Section 5.360 of these regulations, there are three instances in which casino security can legally detain you.
- Trespassing (including after being banned)
- The observation of illegal conduct
- Suspicion on probable cause of illegal conduct
In addition, NRS Section 465.01 states that casino security may detain anyone committing or suspected of committing a crime in a reasonable place for a reasonable amount of time, usually until police arrive.
Is Casino Security Immune from Liability for Detainment?
NRS Section 465.01 provides immunity from liability for casino security to detain patrons in a reasonable manner when that patron has committed a crime or there is probable cause for suspicion of a crime. In other words, if the casino security can give a valid reason as to why they suspected you, they cannot be held liable.
Casino Security can still be held liable for illegal detainment if:
- They do not have the required posting stating that casino security may detain patrons for suspicion of illegal conduct.
- If you can prove that there was no probable cause or suspicious conduct, and no crime was committed.
- If you can prove you were detained for an unreasonable amount of time..
- If you can prove that the place you were detained was unreasonable.
For example, if you are winning big at a table without any suspicious activity or misconduct and you are detained by casino security in a room with nowhere to sit or for an unreasonable amount of time, you may still be able to file a claim for unlawful detainment.
Were You Unlawfully Detained By Casino Security?
If you were detained by casino security without cause, or if you were detained in an unreasonable manner, you may have cause for civil action. Only an experienced casino law attorney can ensure that your rights are protected. If you were detained by casino security and charged with a crime, we can help you too.
Ogata has years of experience handling casino criminal and personal injury cases, and we have helped many people gain compensation. Contact us today at (702) 366-0891 for more information or to schedule a consultation.
