What, using an alias is illegal in Nevada?

[Automatic Monkey]

http://www.lasvegassun.com/news/2011/may/05/las-vegas-advantage-gambler-loses-appeal-against-m/

Also see the actual decision... http://www.ca9.uscourts.gov/datastore/opinions/2011/05/04/10-15520.pdf

This decision isn't actually about using fake ID, it's about the AP's lawsuit over being arrested for it. Apparently the fake ID charge was dropped.

Now it has never been illegal to use an alias in the US, nor to possess documents under that alias unless you are using them to commit fraud, which an AP does not. I've made and used fake ID in casinos, and the only purpose was to give security guards a reason to stop pursuing who I really am.

Interesting, it might be nice to have an informed legal opinion as to what kind of fake ID you can have and how you can use it.

 

[blackchipjim]

Oppinion!

I no lawyer nor did I sleep in a Holiday Inn last night but, I have dealt recently with a person that involved a legal matter and that person did have an alias. In the legal document the AKA, otherwise know as is the term that makes the person's alias legal. The lawyer had to refer the person in the alias but included aka: in the document to make it legal. Warrants for arrests include the aka term to include any alias the person uses.

 

[FLASH1296]

It all distills down to one's "intent".

If you can be shown to have demonstrated an intent to use an
alias in a fraudulent manner, that COULD BE enough for an
assistant District Attorney to present a charge, (usually a
"lesser included charge") to a grand jury if a felony is involved.

Some of us are lucky that the casinos wish to avoid bad press;
as accepting goods or services ("comp's") under a false identity,
is clearly fraud; should the aggrieved party wish to pursue
such legal recourse.

A more cogent example may be this: If one is found to be carrying
on their person false identification while at a border crossing or an
airport, that can be construed to be evidence of criminal intent,
based solely on location.

 

[zengrifter]

Interesting, it might be nice to have an informed legal opinion as to what kind of fake ID you can have and how you can use it.

Simple - Cannot show intent to defraud, and cannot be counterfeit. zg

 

[BOND]

Simple - Cannot show intent to defraud, and cannot be counterfeit. zg

I am not a lawyer either. But I know it is a federal felony to possess a false federal ID, for example a false passport, independent of intent or location. :whip:

 

[LV Bear]

How is it fraud?

Some of us are lucky that the casinos wish to avoid bad press;
as accepting goods or services ("comp's") under a false identity,
is clearly fraud; should the aggrieved party wish to pursue
such legal recourse.

Why do you think it's fraud to use a different name? How about if you received comps as "Flashy" instead of "Flash?" Or your middle name was omitted? Where is the line drawn? If you received comps based on tracked play, what does the name matter?

Realistically, this is a legal minefield, with massive ignorance and misunderstanding of the laws, even among attorneys and judicial officers. Just ask Bob Nersesian, probably the country's foremost expert on the laws as they relate to alternate names and ID's. Having said all that, with this terrible ruling from the three-judge panel of the Ninth Circuit, my alternate ID's will no longer see the light of day in Nevada, unless this opinion is reversed. This is a sad day for most serious-level AP's.

 

[aslan]

Some of us are lucky that the casinos wish to avoid bad press;
as accepting goods or services ("comp's") under a false identity,
is clearly fraud; should the aggrieved party wish to pursue
such legal recourse.

Why do you think it's fraud to use a different name? How about if you received comps as "Flashy" instead of "Flash?" Or your middle name was omitted? Where is the line drawn? If you received comps based on tracked play, what does the name matter?

Realistically, this is a legal minefield, with massive ignorance and misunderstanding of the laws, even among attorneys and judicial officers. Just ask Bob Nersesian, probably the country's foremost expert on the laws as they relate to alternate names and ID's. Having said all that, with this terrible ruling from the three-judge panel of the Ninth Circuit, my alternate ID's will no longer see the light of day in Nevada, unless this opinion is reversed. This is a sad day for most serious-level AP's.

More Big Brother looking over our shoulder, telling us what we can do and what we cannot do, and non of it a matter of criminality. They invent crimes out of thin air. When will it end?

 

[zengrifter]

I am not a lawyer either. But I know it is a federal felony to possess a false federal ID, for example a false passport, independent of intent or location. :whip:

Like I said no counterfeit - state, federal, etc.
A good novelty ID is a different story. zg

 

[zengrifter]

Having said all that, with this terrible ruling from the three-judge panel of the Ninth Circuit, my alternate ID's will no longer see the light of day in Nevada, unless this opinion is reversed. This is a sad day for most serious-level AP's.

Did I misread the article Herr Bear?
Nothing came of the ID issue, right? zg

 

[LV Bear]

The bogus charges were all dismissed

Nothing came of the ID issue, right?

No charges were ever pursued. The prosecutor correctly concluded no laws were violated, and dismissed the bogus charges. But the fact that the court opined that the gaming agent had probable cause to make an arrest is bad, bad, bad.

 

[Automatic Monkey]

Nothing came of the ID issue, right?

No charges were ever pursued. The prosecutor correctly concluded no laws were violated, and dismissed the bogus charges. But the fact that the court opined that the gaming agent had probable cause to make an arrest is bad, bad, bad.

To play the role of the opposition for the purpose of debate, I could say that possessing and using a document with a name other than your own could constitute reasonable suspicion that you stole the document, which could quickly lead to probable cause if you could not demonstrate that you were using this name as a legitimate alias (which is something an AP would probably choose not to do.)

This discussion came up between me and someone who was using players cards he found. I told him- God help you if any of those people had been crime victims recently, you'll need a good lawyer to prove you were not the assailant. Even if you didn't steal it, something you find could be stolen property and if you have it you are instantly the prime suspect.

Of course this would not apply to a person who created this alias for business purposes, but a law enforcement person who is accustomed to dealing with street-level criminals might not consider that and honestly think he is dealing with a thief.