Maine Revised Statutes Title 8 Sec. 1061 – Authority to detain persons suspected of cheating; immunity
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Terms Used In Maine Revised Statutes Title 8 Sec. 1061
- Arrest: Taking physical custody of a person by lawful authority.
- Gambling facility: means a race track, off-track betting facility, high-stakes beano or beano facility, game of chance facility, slot machine facility or casino. See Maine Revised Statutes Title 8 Sec. 1001
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Licensee: means a person granted a license under this chapter. See Maine Revised Statutes Title 8 Sec. 1001
- Person: means an individual or a business organization. See Maine Revised Statutes Title 8 Sec. 1001
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
A licensee or an officer, employee or agent of the licensee who has probable cause to believe there has been a violation of this chapter in the gambling facility by any person may take that person into custody and detain that person in the gambling premises in a reasonable manner for a reasonable length of time for the purpose of notifying and surrendering the person to law enforcement authorities and, when the detained person is a minor, informing a law enforcement officer or the parents or guardian of the minor of the detention and surrendering the minor to the person so informed. The act of taking into custody and detention under this section does not render the licensee or its officers, employees or agents criminally or civilly liable, including but not limited to liability for false arrest, false imprisonment, slander or unlawful detention, unless the taking into custody or detention is unreasonable under all the circumstances. [PL 2003, c. 687, Pt. A, §5 (NEW); PL 2003, c. 687, Pt. B, §11 (AFF).]
A licensee or an officer, employee or agent of the licensee is not entitled to any immunity from civil or criminal liability provided in this section unless there is displayed in a conspicuous manner in the licensee’s gambling facility a notice in boldface type clearly legible and in substantially this form: “Any gambling licensee or any officer, employee or agent of a licensee who has probable cause to believe that a person is violating a provision of law prohibiting cheating or swindling in gambling may detain that person in the establishment for the purpose of notifying law enforcement authorities.” [PL 2003, c. 687, Pt. A, §5 (NEW); PL 2003, c. 687, Pt. B, §11 (AFF).]
SECTION HISTORY
PL 2003, c. 687, §A5 (NEW). PL 2003, c. 687, §B11 (AFF).