First, here's the law:
NRS 465.101 Detention and questioning of person suspected of violating chapter; limitations on liability; posting of notice.
1. Any licensee or his officers, employees or agents may question any person in his establishment suspected of violating any of the provisions of this chapter. No licensee or any of his officers, employees or agents is criminally or civilly liable:
(a) On account of any such questioning; or
(b) For reporting to the State Gaming Control Board or law enforcement authorities the person suspected of the violation.
2. Any licensee or any of his officers, employees or agents who has probable cause for believing that there has been a violation of this chapter in his establishment by any person may take that person into custody and detain him in the establishment in a reasonable manner and for a reasonable length of time. Such a taking into custody and detention does not render the licensee or his officers, employees or agents criminally or civilly liable unless it is established by clear and convincing evidence that the taking into custody and detention are unreasonable under all the circumstances.
3. No licensee or his officers, employees or agents are entitled to the immunity from liability provided for in subsection 2 unless there is displayed in a conspicuous place in his establishment a notice in boldface type clearly legible and in substantially this form:
Any gaming licensee or any of his officers, employees or agents who has probable cause for believing that any person has violated any provision of chapter 465 of NRS prohibiting cheating in gaming may detain that person in the establishment.
That's the official letter of the law, which seemed somewhat vague to us, so we approached Keith Copher, then-Chief of the Enforcement Division of Nevada Gaming Control, to see if he could clarify what constitutes "reasonable." Here's what he explained ...
"Once a licensee determines there is probable cause to believe a person has committed a criminal act, they may detain that person for the purpose of notifying the Gaming Control Board or law enforcement.* The licensee must contact GCB/law enforcement immediately ... By law, Gaming Control Board agents have one hour, once they have made contact with the suspect, to determine whether there is probable cause for arrest. Sometimes agents are busy on other calls and there can be delays. In most situations, the courts would rule on whether the duration of the detention was unreasonable. If the licensee fulfills its responsibility to contact GCB immediately and the GCB responds as quickly as possible (which in some circumstances could be an hour or more), then it would be deemed reasonable. If there are unjustified delays, it could be determined to be unreasonable. If the GCB agent finds that there is no probable cause for arrest, the agent will release the person in custody. Also, if the agent determines that the licensee inappropriately detained the suspect, disciplinary action can be taken against the licensee and the detained person can initiate civil litigation against them."
*[As appropriate, depending on the nature of the crime. Cheating falls under the remit of Gaming Control, but in rural counties like Elko, where their presence is thin on the ground, they work closely with specially trained law-enforcement officers.]
To answer the second part of your question, the licensee may question you and does not have to advise you of your rights, but you are not obliged to answer their questions and may request an attorney at any time either before, or certainly after, law enforcement becomes involved. You are not legally under arrest until a law enforcement officer determines that a crime has been committed and that there is probable cause to believe that you committed that crime. At that point, you can be placed under arrest. You can also be adv
