Disturbing video

[Norm]

Another article. This from a Washington Post blog: http://www.washingtonpost.com/blogs/...r-civil-right/

[moo321]

Keep in mind that stores regularly detain, interrogate and threaten people, including minors, sometimes even put them in chains, when suspected of shoplifting. In one year, Macy's detained 12,000 people. (And, was successfully sued a few times.)

The laws vary by state. I believe some states allow any person to detain (citizen’s arrest) any other person for violations as minor as not wearing a seatbelt, or playing craps.

Where this story differs is that there was no suspicion of a crime. Also, once the police arrived, they interfered with him cashing his chips. Further, there is a tape -- so the casino can't invent some crime. The incident disgusts me, and I would like to see this pursued in court. But, I think he would need a very convincing attorney as a jury or judge may think he was a just gambler who was inconvenienced.

For an old, scary article, see: http://www.nytimes.com/2003/06/17/ny...ted=all&src=pm.

However, there is a shopkeeper's privilege that is recognized in the common law. This gives some measure of protection to shopkeepers that other citizens don't enjoy. Casinos don't generally have this right. They usually only have the privilege (like all citizens) to make felony arrests if there is an actual felony and they have a very good reason to think this person committed the felony.

One notable exception is Las Vegas, which allows certain trained security people to issue trespassing citations.

[Norm]

I think some states have extended this to misdemeanors. Fifty sets of laws makes this confusing.

[moo321]

I think some states have extended this to misdemeanors. Fifty sets of laws makes this confusing.

Yep. It tends to be "breach of the peace" misdemeanors. But yeah, this is all state law, so I'm just trying to speak generally about the common law. These are things that an AP that is playing a jurisdiction a lot should become familiar with.

Maybe someone should compile these types of laws for APs? i.e. What each jurisdiction does with trespass, cases on team play, spooking, HC, etc.

[Norm]

OK, as a start we have:

Recording laws: http://www.rcfp.org/reporters-record...ng-laws-glance
Stop and identify laws: https://en.wikipedia.org/wiki/Stop_a...ntify_statutes
Some info on citizen’s arrest laws: http://en.wikipedia.org/wiki/Citizen's_arrest
Scroll down in this article to see a table of state-by-state standards of proof in state forfeiture laws: http://en.wikipedia.org/wiki/Civil_f..._United_States

Any other suggestions before I formalize this?

[Nyne]

The link for recording laws is broken. Should be http://www.rcfp.org/reporters-record...ng-laws-glance

[Norm]

Fixed and improved another.

[Marlene]

How did Mr Mills acquire this video footage?

[Norm]

Another article at: http://baltimore.cbslocal.com/2014/1...ounting-cards/

He did attempt to file criminal charges and failed. They are now considering civil action.

[Norm]

Here is the full video of him being backroomed:

[Stealth]

That is so wrong on so many levels. Some unsolicited thoughts!


There is no question this is unlawful detainment and I predict this casino pays Justin Mills before this is over.


Reminder to read the Nersesian book! On Amazon for cheap if used.

I did not listen a second time but I thought I heard the cop tell him that there was an ordinance against card counting????????? If so, why was he not cited?

Things he should have done:

1.Ask to leave multiple times during the altercation and especially in the backroom. Ask when can he leave and under what conditions. Establish detainment!
2.Ask police if there was probable cause to detain him? What crime am I suspected of committing? I want an attorney. Call his attorney.
3.When giving police his ID tell them he does not want it given to casino and hold his ID in his hand (hard to get away with) and show it to the police without giving it to them.
4.When told he could give ID or go to police station, call your lawyer!!!!
5.Do not answer questions or engage in trying to logically change their mind. You are only making it worse.
6.Never sign anything without attorney guidance!!!!!!
7.Call gaming commission when they refuse to cash chips.
8.Skip filing assault charges and file civil suit against the casino, the individuals and the police. My opinion is, if he wins or loses the appeal of criminal assault charges then he will file a civil suit.
9.He did and we should get name and contact data for all involved. Never threaten to sue them, let it be a surprise!

I encourage all to watch and re-watch this one. Players should develop the the details of what to do and what not to do. Some of them might look worthless on the surface but remember you are being videotaped and are, in fact, “cross examining” you assailants. The more things you can get them to admit the better chance of winning a lawsuit.


Share if you can think of others. Prepare yourself with a plan on how you might react!

Stealth

[Norm]

Just guessing, but the purpose of filing a criminal complaint may have been to get the tape quickly.

[MJGolf]

I read the subsequent article Norm posted. Wonder who "Brennan Furrow" is? Did anyone get a better clue? Writer didn't establish who he was to me. Wondered if might be his attorney. Did cursory Bing search but couldn't really locate him. Couldn't quite tell if that was the Gaming Commission rep quoted? In any event, this case might well be worth watching. If could figure out who Mill's attorney might be, would be worth it. Probably on the Maryland public records somewhere but didn't see anything in articles actually naming him.