4 ms·

If you have the need (and I would say cynically if you also have the money and political connections) you can commission a private police force that has (in a l

by xnyan 6y ago

If you have the need (and I would say cynically if you also have the money and political connections) you can commission a private police force that has (in a limited way) the legal authority to arrest. https://en.m.wikipedia.org/wiki/Private_police https://en.m.wikipedia.org/wiki/Private_police

jandrese 6y ago
Even the police can't arrest you without probable cause. Until it is illegal to count cards any such arrests would be on shaky legal grounds.
- smnrchrds 6y ago
  I am not from the US, so bear with me if I am misunderstanding the nuance of the situation. But reading US news, it seems that it is common for police to arrest people for (and only for) resisting arrest. Resisting arrest by definition must occur when attempting for arrest someone. But since the person was arrested for nothing but resisting arrest, the original arrest attempt which was resisted must have been for nothing. It appears that whatever the intent of the law might have been, in practice the police can arrest anyone without need for cause. https://www.npr.org/sections/thetwo-way/2015/01/29/382497080/arrested-for-resisting-arrest-yes-its-possible https://www.npr.org/sections/thetwo-way/2015/01/29/382497080...
  - thechao 6y ago
    Not really. If you’re being arrested (the requirement in order to be resisting), you’re already in deep trouble. OTOH, the flip side (resisting an unlawful arrest) is serious stuff for the arresting officer. In Texas, resisting arrest is no more than 1 year of jail & a fine. Unlawful arrest is going to start at 10 years of prison, and climb rapidly from there. There’s currently a case of the latter working it’s way through the courts in Dallas. The officer is looking at decades right now.
    - xnyan 6y ago
      People have been charged with resisting arrest after being shot and involuntary twitching their limbs. Unless you have money or power, the police can say you were resisting arrest for any reason and they will be believed, not you.
- pfortuny 6y ago
  IANAL and just asking. Assuming the Casino sits on private land, I guess they can handcuff you if they “think” you are a danger to their property and that measure is “adequate”.
  - jandrese 6y ago
    They can ask you to leave and then hit you with trespassing if you refuse to go, but they can't just slap you in cuffs and throw you in a concrete room in the back of the casino because you're counting cards. Any money they saved on your gambling would be lost in the kidnapping lawsuit afterward. And if they refuse to cash the chips you can add fraud and theft to the charges.
  - kelnos 6y ago
    They can kick you out and tell you if you return you'll be trespassing, but cuffing someone and detaining them in a back room without any legal authority to do so is kidnapping. And depending on how they physically treat you during that, it might be battery or even assault. I suspect, though, that many/most people in these situations either don't want a run-in with the law, or want to keep a low profile and not make a scene for other reasons, so they'll just go along with it and quietly get out of there.

by xnyan 6y ago

jandrese 6y ago

Even the police can't arrest you without probable cause. Until it is illegal to count cards any such arrests would be on shaky legal grounds.

smnrchrds 6y ago
I am not from the US, so bear with me if I am misunderstanding the nuance of the situation. But reading US news, it seems that it is common for police to arrest people for (and only for) resisting arrest. Resisting arrest by definition must occur when attempting for arrest someone. But since the person was arrested for nothing but resisting arrest, the original arrest attempt which was resisted must have been for nothing. It appears that whatever the intent of the law might have been, in practice the police can arrest anyone without need for cause. https://www.npr.org/sections/thetwo-way/2015/01/29/382497080/arrested-for-resisting-arrest-yes-its-possible https://www.npr.org/sections/thetwo-way/2015/01/29/382497080...
- thechao 6y ago
  Not really. If you’re being arrested (the requirement in order to be resisting), you’re already in deep trouble. OTOH, the flip side (resisting an unlawful arrest) is serious stuff for the arresting officer. In Texas, resisting arrest is no more than 1 year of jail & a fine. Unlawful arrest is going to start at 10 years of prison, and climb rapidly from there. There’s currently a case of the latter working it’s way through the courts in Dallas. The officer is looking at decades right now.
  - xnyan 6y ago
    People have been charged with resisting arrest after being shot and involuntary twitching their limbs. Unless you have money or power, the police can say you were resisting arrest for any reason and they will be believed, not you.
pfortuny 6y ago
IANAL and just asking. Assuming the Casino sits on private land, I guess they can handcuff you if they “think” you are a danger to their property and that measure is “adequate”.
- jandrese 6y ago
  They can ask you to leave and then hit you with trespassing if you refuse to go, but they can't just slap you in cuffs and throw you in a concrete room in the back of the casino because you're counting cards. Any money they saved on your gambling would be lost in the kidnapping lawsuit afterward. And if they refuse to cash the chips you can add fraud and theft to the charges.
- kelnos 6y ago
  They can kick you out and tell you if you return you'll be trespassing, but cuffing someone and detaining them in a back room without any legal authority to do so is kidnapping. And depending on how they physically treat you during that, it might be battery or even assault. I suspect, though, that many/most people in these situations either don't want a run-in with the law, or want to keep a low profile and not make a scene for other reasons, so they'll just go along with it and quietly get out of there.