Legal Question in Criminal Law in Nevada

Trespassing at SouthPoint casino

Recently my partner and I

stopped at SouthPoint casino, parked

in the garage and went in to play

slots. After a while I was tired (3am)

and went to sleep in the car while my

partner played on. After approx. 30

minutes the security guard came by

to tell me that I was trespassing and

that I would have to leave or go back

inside. I told him that I was just

inside playing, my partner was still

playing and I was just resting for a

bit. He said that they could not allow

loitering in the garage, and that if I

did not leave or go back inside they

would have me arrested for

trespassing. Well after they ''read''

me the Trespasssing Act I got out of

my car to go get my partner so that

we could go. They would not let me

back in the casino. I drove to the

front of the casino asking that

someone inform my partner that I

was leaving and they responded

''Nope, too late for that you had your

chance''. I tried to go inside to tell

him whereby I was dragged down,

beaten, handcuffed and held till the

police arrived and cited me for

trespassing. Is this legal? I still have

the physical injuries and am now

having nightmares.


Asked on 11/11/08, 11:04 am

2 Answers from Attorneys
James Smith James E. Smith Ltd.

Re: Trespassing at SouthPoint casino

It is a custom and practice in Nevada for casinos to give someone a trespass warning to stay off their private property. If they return it is routine to arrest them. Security is entitled to use reasonable force but because they are private you cannot sue them for violation of your civil rights. If it is a he said/she said case most attorneys will not be inclined to take it for civil battery.

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Answered on 11/11/08, 11:49 am
Terry A. Nelson Nelson & Lawless

Re: Trespassing at SouthPoint casino

For starters: post for Nevada attorneys, not California.

Next: "Legal?" isn't the right question, and my answer and opinion is of no value to you, either way. Whether you can successfully defend against the charges depends on the law, the facts and evidence and testimony of all parties, your record, etc. If you don't know how to practice criminal defense law, hire an attorney that does.

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Answered on 11/11/08, 2:09 pm


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