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Card counters, casino security, and search and seizure

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The Ninth Circuit decided an interesting case today of a card counter versus a casino, Tsao v. Desert Palace, No. 09-16233.

The case does not (and does not need to) resolve whether counting cards in blackjack is a crime.  A casino can, however, declare a person persona non grata, after which that person's entry into the casino is a trespass.  [I got thrown out of a casino on that ground once myself, many years ago.]  The case actually involves the options available to casino security guards, who are not police officers but do have a kind of citation authority, along with citizen's arrest.  It's complicated.  Anyhow, the Ninth resolves the federal questions in favor of the casino and remands to district court to decide if it still wants to exercise pendent jurisdiction over the state-law claims.

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