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Thread: APs and cell phone use in Casino and the law.

  1. #1


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    APs and cell phone use in Casino and the law.

    After glancing through Robert Nersesian's new book, I wasn't able to find an answer, unless the answer is too obvious or I missed it in the book. Regarding cell phone use in a Casino. If one AP text messages another AP in a casino saying "the third dealer gives good pen. go play there." or "the dealer named *** is a flashing dealer," is this illegal?

  2. #2


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    You can use cell phones in a casino, just not at the tables. Not following your confusion. Its the usage of a device at the tables, to beat a game, which is the subject of most states' gambling statutes and/or regulations.

    Caveat, maybe some casino, somewhere, at sometime prohibited any cell phone usage whatsoever, but doubtful, as people need to retain accessibility to the outside world, to some degree.
    "Your honor, with all due respect: if you're going to try my case for me, I wish you wouldn't lose it."

    Fictitious Boston Attorney Frank Galvin (Paul Newman - January 26, 1925 - September 26, 2008) in The Verdict, 1982, lambasting Trial Judge Hoyle (Milo Donal O'Shea - June 2, 1926 - April 2, 2013) - http://imdb.com/title/tt0084855/

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    I think that'd be quite a stretch to say it's illegal to use your phone in that way.

    I believe it is considered cheating to use a device to gain an advantage. Texting or a phone call, unless used to gain an advantage, is perfectly okay. Although, the casino can restrict you from using your phone at the table if they wish.

    I've yet to see anything about using a device in a way where you do not gain an advantage to be considered cheating or illegal.
    "Everyone wants to be rich, but nobody wants to work for it." -Ryan Howard [The Office]

  4. #4


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    For instance, here's Nevada's Revised Statutes, Section 465.075:

    NRS 465.075 Use of device for calculating probabilities.
    It is unlawful for any person at a licensed gaming establishment to use, or possess with the intent to use, any device to assist:


    1. In projecting the outcome of the game;

    2. In keeping track of the cards played;

    3. In analyzing the probability of the occurrence of an event relating to the game; or

    4. In analyzing the strategy for playing or betting to be used in the game,


    except as permitted by the commission.


    As you can see, it solely deals with the use of a device in connection with playing/betting in a game. Although I may have missed it in my cursory scan of the relevant statutory provisions, I did not see a definition provided for the statutory term, "device". I suspect that it would not include pen/pencil and paper, but more likely an electrical (think computer, calculator, cell phone, etc.) or mechanical (would be bulky, but theoretically, one could have a mechanical thing on them at a casino) instrument or machine.
    "Your honor, with all due respect: if you're going to try my case for me, I wish you wouldn't lose it."

    Fictitious Boston Attorney Frank Galvin (Paul Newman - January 26, 1925 - September 26, 2008) in The Verdict, 1982, lambasting Trial Judge Hoyle (Milo Donal O'Shea - June 2, 1926 - April 2, 2013) - http://imdb.com/title/tt0084855/

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    While I wouldn't suggest being so literal in your text messages, there's certainly nothing illegal in doing what you describe. Why would you think that?

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    "I suspect that it would not include pen/pencil and paper,"

    I suspect that, if you came to the blackjack table with pencil and paper and scribbled notes as the cards were being dealt, you wouldn't last for more than 10 seconds.

    Don

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    Quote Originally Posted by Frank Galvin View Post
    You can use cell phones in a casino, just not at the tables. Not following your confusion. Its the usage of a device at the tables, to beat a game, which is the subject of most states' gambling statutes and/or regulations.

    Caveat, maybe some casino, somewhere, at sometime prohibited any cell phone usage whatsoever, but doubtful, as people need to retain accessibility to the outside world, to some degree.
    The no cell phone use in casino at the tables only applies to games where you are playing against the house. In some casinos you are allow to use your cell phone when playing at Texas Hold'em Poker tables. I even seen a poker player on his laptop computer after he fold his hands.

    If you want to text an AP regarding penetration and dealer flashing make sure you tell the dealer to hold your spot. Step away from the tables then text your AP friend. Or take a bathroom break then do the texting there.
    Last edited by seriousplayer; 12-30-2016 at 02:01 PM.

  8. #8


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    Quote Originally Posted by DSchles View Post
    "I suspect that it would not include pen/pencil and paper,"

    I suspect that, if you came to the blackjack table with pencil and paper and scribbled notes as the cards were being dealt, you wouldn't last for more than 10 seconds.

    Don
    What about if you're Asian lol

  9. #9


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    Quote Originally Posted by blueman View Post
    What about if you're Asian lol
    For baccarat, knock yourself out. For blackjack, I think not.

    Don

  10. #10


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    Don, I concur, but my comments were about usage of devices in a casino, not necessarily ONLY at a blackjack table.

    Clearly many players use pencil and paper when seated at the baccarat tables. The casinos promote such activity by displaying the results on electronic boards affixed at or near the baccarat tables. So, in those cases, pencil (or pen) and paper are not deemed to be devices that violate state gambling laws and regulations. They are simply, writing utensils the usage of which are allowed, and indeed, invited by the casinos (independent, "schmendment" events be damned).
    "Your honor, with all due respect: if you're going to try my case for me, I wish you wouldn't lose it."

    Fictitious Boston Attorney Frank Galvin (Paul Newman - January 26, 1925 - September 26, 2008) in The Verdict, 1982, lambasting Trial Judge Hoyle (Milo Donal O'Shea - June 2, 1926 - April 2, 2013) - http://imdb.com/title/tt0084855/

  11. #11


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    IIRC, the regulations specifically state paper & pencil are permitted for baccarat.
    "Everyone wants to be rich, but nobody wants to work for it." -Ryan Howard [The Office]

  12. #12


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    Quote Originally Posted by Frank Galvin View Post
    I did not see a definition provided for the statutory term, "device".
    Definition can be very important.

    A recent survey indicates that the smartphone is now the number one hand held device.
    The penis has slipped to second place.
    Last edited by 21frogman; 12-31-2016 at 12:40 PM.

  13. #13


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    Not anything regarding legality, but excessive phone use is the biggest tipoff I've seen outside of the play itself for ease of identifying AP's. Take it easy out there guys, a lot of you are worse than any teenage girl I've ever seen.

    ive had pushback from other AP's when I've mentioned it about how Ploppies do it to. It's not the use, it's the frequency. I've heard dealers comment on how no one "that age" should be on their phone that much, think they're taking pictures, etc.
    Last edited by mcallister3200; 12-31-2016 at 12:51 PM.

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