As far as I know, only one HC case went to the NV Supreme Court; the Einbinder-Dalben decision of 1983. The Supreme Court CLEARLY ruled that intentional holecarding is legal, as long as the HC'er uses no device, as long as he's legally seated at the table, and as long as the information is available to anyone at the table. This landmark case did NOT address one way or another, whether or not 'spooking' is legal.
As to the issue of actually being arrested for spooking - VERY doubtful. No one actually gets arrested for this. All they ever do is 86 you. To go into court and try to PROVE that someone is spooking is just WAY too difficult, short of an outright confession. And even THEN, they would first have to establish whether or not spooking IS cheating. But this is why spooking is still in the gray area of the law - no one has ever been charged with it yet.