GenoDRPh
GenoDRPh
  • Threads: 11
  • Posts: 692
Joined: Aug 4, 2022
August 9th, 2024 at 5:58:15 PM permalink
https://www.yahoo.com/entertainment/nelly-arrested-while-collecting-50k-112652316.html

So rapper Nelly was arrested while collecting a $50,000 jackpot. A background check revealed a warrant for his arrest for a traffic offense. A search incident to the arrest also revealed 4 ecstasy pills on his person. His lawyer is saying the cop had no probable cause to conduct the background check and the detainment and the search were unlawful.

So I have a question for those who've collected big jackpot payments: Is it usual and customary for the local constabulary to run a background check on recipients while the casino counts out the cash or cuts you the check? Has such practices ever been challenged in court?
Deucekies
Deucekies
  • Threads: 58
  • Posts: 1486
Joined: Jan 20, 2014
August 9th, 2024 at 6:29:59 PM permalink
I've definitely heard of it being done in some jurisdictions. They're looking for things like unpaid child support usually, and will confiscate jackpots to pay it if found.
Casinos are not your friends, they want your money. But so does Disneyland. And there is no chance in hell that you will go to Disneyland and come back with more money than you went with. - AxelWolf and Mickeycrimm
rainman
rainman
  • Threads: 19
  • Posts: 1900
Joined: Mar 28, 2012
August 9th, 2024 at 6:30:07 PM permalink
Nelly likely will have another payday, winning a slot jackpot isn't probable cause to run a background check.
darkoz
darkoz
  • Threads: 300
  • Posts: 11860
Joined: Dec 22, 2009
Thanked by
rainman
August 9th, 2024 at 7:07:41 PM permalink
Totally unusual to even have an officer present.

One reason might be for security for a person who just won a large jackpot.

The other reason could be security for Nelly himself as a celebrity.

In either case, it makes no sense why he had a warrant check.

I suspect Nelly will be having a payday in court. Especially if the officer ran the check at the behest of the casino. That would make the case a state action case.

But certainly winning a jackpot isn’t grounds for running a players criminal record.

The only caveat is I am not familiar specifically with Missouri law so perhaps there is something there. Barring that it was unusual and unnecessary
For Whom the bus tolls; The bus tolls for thee
GenoDRPh
GenoDRPh
  • Threads: 11
  • Posts: 692
Joined: Aug 4, 2022
August 9th, 2024 at 7:49:47 PM permalink
I mean, checking state DOR database(s) to see if there are child support or back tax obligations to be paid I can understand. Take that arrears off the top and pay out the rest. And a person with an open warrant or carrying contraband does so at their own peril. But to run a criminal check to collect a jackpot? Unless there is something missing, that dog don't hunt? Winning and collecting a jackpot isn't cause for reasonable suspicion or probable cause.

Certainly a case to keep tabs on, to see what the cop says and what a judge says.
darkoz
darkoz
  • Threads: 300
  • Posts: 11860
Joined: Dec 22, 2009
August 9th, 2024 at 8:23:39 PM permalink
This article has more details.

https://www.google.com/amp/s/www.billboard.com/music/rb-hip-hop/nelly-arrest-drugs-missouri-1235748861/amp/
For Whom the bus tolls; The bus tolls for thee
GenoDRPh
GenoDRPh
  • Threads: 11
  • Posts: 692
Joined: Aug 4, 2022
August 9th, 2024 at 8:51:45 PM permalink
So the cop told him a criminal background check was mandatory when winning over a certain amount? Hogwash.

I am refraining from editorializing the actions of the cop in this case, so as to not earn a suspension.
darkoz
darkoz
  • Threads: 300
  • Posts: 11860
Joined: Dec 22, 2009
August 9th, 2024 at 9:15:39 PM permalink
Quote: GenoDRPh

So the cop told him a criminal background check was mandatory when winning over a certain amount? Hogwash.

I am refraining from editorializing the actions of the cop in this case, so as to not earn a suspension.
link to original post



I just went through payout requirements from the Missouri Gaming Commission and could find no such requirement.

On top of that Nelly claims to have won similar high jackpots without such a requirement.

So I also go with the officer speaking hogwash
For Whom the bus tolls; The bus tolls for thee
MDawg
MDawg
  • Threads: 41
  • Posts: 8094
Joined: Sep 27, 2018
Thanked by
dcjohn
August 9th, 2024 at 10:50:01 PM permalink
From the article:

The 49-year-old hip hop star’s lawyer Scott Rosenblum told the Associated Press that an officer “needlessly” ran a search for warrants when Nelly went to collect his jackpot cash and paraded him through the casino in front of other customers.

He said the officer did not have probable cause to search the performer.


The heart of the issue is whether they had a right to run the warrants check. Once the BG check revealed a warrant, any argument against searching his person becomes a loser argument because there is pretty much always a right to search incident to arrest (SIA).

On the street, the right to run a warrants check sometimes runs hand in hand with the right to detain. A person walking around unknown to the police can't be run for warrants without first iidentifying himself to the police. And he can't be identified to the police without being detained and asked for ID. So, yes, typically there has to be some kind of probable cause that supports detention, even just to ask for ID.

Now, if the guy is driving around police have a right to run a warrants check based on a license plate, because that is minimally invasive and does not even require any sort of detention. And then the police may pull the vehicle over to investigate further if a warrant pops up. But an anonymous person walking around unknown to the police - the police can't run his record without first identifying him and that requires a detention.

There is US Supreme Court case law on when detentions are lawful, and typically they involve some sort of probable cause that requires either a reasonable suspicion that the person has committed a crime, or is carrying a weapon unlawfully (a Terry stop).

Absent that sort of probable cause, no, a person may not usually be detained for any reason, which includes to identify the person, if the detention is particularized (stopping every motorist going through a DUI check is okay, randomly stopping just one for no reason is not okay). Where it gets interesting is if the person is already known to the police and they may run a warrants check without even detaining him to identify him. For example, when he was alive, Muhammad Ali was the best known person on the face of the earth. A police officer who knew who Muhammad Ali was and saw him walking down the street could run his name for warrants without the need to detain him at all.

However, there are administrative rules police departments must follow for when they are allowed to check someone for warrants or to conduct a background check. A police officer is typically not allowed to sit at his desk running background checks on people, for example his neighbors, for no reason - could result in discipline or getting fired. But, these are administrative rules, the results of a background check are not "thrown out" of say, court, because of administrative law violations, there typically has to be some constitutional violation, especially a 4th Amendment Search and Seizure violation, for such evidence that results in a criminal charge to be suppressed.

So, to summarize, the issue here is whether or not the police had a right to run Nelly's background to find the warrants. And if not, whether there was any constitutional violation in running his record. Given that he wasn't detained for even one second, the check was done while he sat there waiting for his jackpot, I don't really see any issue. If a casino wanted, for example, to run the record of every person who walked into the place (DarkOz, have you seen that episode of LAS VEGAS yet, where they use facial recognition to identify and run background checks on a group of random players around a Craps table) it would revolve around state law as to whether or not this would be allowed.

In a state like California, criminal records, especially pursuant to more recent laws, are not always available to the general public. As such, consent is practically needed to run a BG check in California. In Nelly's case though, the state ran the background check, law enforcement ran it. What the laws are in that state about when background checks are allowed to be run by law enforcement would probably be central to this inquiry, but I doubt, at the end of the day, whether it is going to matter for purposes of suppression. There is, for example US Supreme Court precedent where a SIA is allowed even after an illegal (but not unconstitutional) arrest (Virginia v. Moore, (2008) 128 S. Ct. 1598 (holding that, where an arrest for a minor offense is prohibited by state law, the arrest will not violate the Fourth Amendment if it was based on probable cause)).

In my opinion, unless Nelly's attorney may find some constitutional violation here, that evidence found incident to arrest is not getting suppressed.

In case you don't know, the exclusionary rule about suppression in criminal matters is that evidence is generally not suppressed absent some constitutional violation, especially a Fourth Amendment violation. There might be other violations of administrative or state law, but a state or federal constitutional infirmity is generally needed to suppress evidence in criminal court, and even then - there are exceptions, such as if the evidence would have been found anyway, and as well, evidence is generally suppressed only if it would have some deterrent effect on the law enforcement that violated the law (For example in Herring v. United States, (2009) 555 US 135, 147-48, the U.S. Supreme Court ruled that “when police mistakes are the result of negligence, rather than systemic error or reckless disregard of constitutional requirements, any marginal deterrence does not pay its way.” - The theory behind the exclusionary rule is that police officers won’t violate the Constitution during their investigations if they know the evidence will be suppressed.).
Last edited by: MDawg on Aug 10, 2024
I tell you it’s wonderful to be here, man. I don’t give a damn who wins or loses. It’s just wonderful to be here with you people. https://wizardofvegas.com/forum/gambling/betting-systems/33908-the-adventures-of-mdawg/
Nathan
Nathan
  • Threads: 67
  • Posts: 4385
Joined: Sep 2, 2016
August 10th, 2024 at 3:51:25 AM permalink
Casinos do background checks all the time when Jackpots are hit. They do background checks to see if Player is on the Self exclusion/trespassed/banned list. They sometimes make arrests if the Player is on any of the three words list. But often they just refuse the Jackpot and tell the Player to leave. For example, a guy put himself on the self exclusion list and 17 years later he came back and won a Jackpot. The Casino ran a background check on him and found out he had put himself in the self exclusion list. He had completely forgotten he had put himself on the self exclusion list 17 years ago. The Casino didn't have him arrested and just refused the Jackpot and told him to leave. 💡
In both The Hunger Games and in gambling, may the odds be ever in your favor. :D "Man Babes" #AxelFabulous "Olive oil is processed but it only has one ingredient, olive oil."-Even Bob, March 27/28th. :D The 2 year war is over! Woo-hoo! :D I sometimes speak in metaphors. ;) Remember this. ;) Crack the code. :D 8.9.13.25.14.1.13.5.9.19.14.1.20.8.1.14! :D "For about the 4096th time, let me offer a radical idea to those of you who don't like Nathan -- block her and don't visit Nathan's Corner. What is so complicated about it?" Wizard, August 21st. :D
MDawg
MDawg
  • Threads: 41
  • Posts: 8094
Joined: Sep 27, 2018
August 10th, 2024 at 6:42:06 AM permalink
Good background point, but that's an internal check based on that casino’s records. There are also databases that run across multiple casinos such as OSN to look for banned players. Self exclusion lists might also run across multiple casinos or an entire state but again these are lists designed for access by the casinos.

Nelly was run by law enforcement through a different database I assume NCIC which is a nationwide criminal database maintained by federal and state authorities this would not be accessible by a private entity only by law enforcement. But what I wrote above about he’s not getting off absent some constitutional violation of the exclusionary rule stands.
Last edited by: MDawg on Aug 10, 2024
I tell you it’s wonderful to be here, man. I don’t give a damn who wins or loses. It’s just wonderful to be here with you people. https://wizardofvegas.com/forum/gambling/betting-systems/33908-the-adventures-of-mdawg/
DRich
DRich
  • Threads: 89
  • Posts: 12683
Joined: Jul 6, 2012
August 10th, 2024 at 8:17:12 AM permalink
Quote: GenoDRPh

I mean, checking state DOR database(s) to see if there are child support or back tax obligations to be paid I can understand. Take that arrears off the top and pay out the rest. And a person with an open warrant or carrying contraband does so at their own peril. But to run a criminal check to collect a jackpot? Unless there is something missing, that dog don't hunt? Winning and collecting a jackpot isn't cause for reasonable suspicion or probable cause.

Certainly a case to keep tabs on, to see what the cop says and what a judge says.
link to original post



I wish all states would implement the back child support confiscation of winnings.
At my age, a "Life In Prison" sentence is not much of a deterrent.
Nathan
Nathan
  • Threads: 67
  • Posts: 4385
Joined: Sep 2, 2016
August 10th, 2024 at 8:30:10 AM permalink
Quote: DRich

Quote: GenoDRPh

I mean, checking state DOR database(s) to see if there are child support or back tax obligations to be paid I can understand. Take that arrears off the top and pay out the rest. And a person with an open warrant or carrying contraband does so at their own peril. But to run a criminal check to collect a jackpot? Unless there is something missing, that dog don't hunt? Winning and collecting a jackpot isn't cause for reasonable suspicion or probable cause.

Certainly a case to keep tabs on, to see what the cop says and what a judge says.
link to original post



I wish all states would implement the back child support confiscation of winnings.
link to original post



People find ways around that. They ask people who don't have any offspring to collect the Jackpot for them and split the Jackpot. In a similar thing, a Woman who owed back taxes to the IRS, I'll call her Lisa got a Jackpot that was roughly the same amount that she owed the IRS. She knew if she claimed the Jackpot under her own name, all the Jackpot would go to the IRS for back taxes and she wouldn't have any of the Jackpot money for herself to enjoy. was at the Casino with her Friend who I'll call Patricia. Patricia didn't owe any back taxes to the IRS. Lisa asked Patricia to switch seats with her and claim the Jackpot and they'd split it. Patricia agreed and she and Lisa switched seats and Patricia claimed the Jackpot as her own and Lisa and she split the Jackpot. Soon after, the Casino found out that Lisa and Patricia did this switcheroo on purpose to deceive the IRS and the Casino. The Casino banned both Patricia and Lisa for life. 💡
In both The Hunger Games and in gambling, may the odds be ever in your favor. :D "Man Babes" #AxelFabulous "Olive oil is processed but it only has one ingredient, olive oil."-Even Bob, March 27/28th. :D The 2 year war is over! Woo-hoo! :D I sometimes speak in metaphors. ;) Remember this. ;) Crack the code. :D 8.9.13.25.14.1.13.5.9.19.14.1.20.8.1.14! :D "For about the 4096th time, let me offer a radical idea to those of you who don't like Nathan -- block her and don't visit Nathan's Corner. What is so complicated about it?" Wizard, August 21st. :D
DRich
DRich
  • Threads: 89
  • Posts: 12683
Joined: Jul 6, 2012
August 10th, 2024 at 9:28:27 AM permalink
Quote: Nathan


People find ways around that. They ask people who don't have any offspring to collect the Jackpot for them and split the Jackpot. In a similar thing, a Woman who owed back taxes to the IRS, I'll call her Lisa got a Jackpot that was roughly the same amount that she owed the IRS. She knew if she claimed the Jackpot under her own name, all the Jackpot would go to the IRS for back taxes and she wouldn't have any of the Jackpot money for herself to enjoy. was at the Casino with her Friend who I'll call Patricia. Patricia didn't owe any back taxes to the IRS. Lisa asked Patricia to switch seats with her and claim the Jackpot and they'd split it. Patricia agreed and she and Lisa switched seats and Patricia claimed the Jackpot as her own and Lisa and she split the Jackpot. Soon after, the Casino found out that Lisa and Patricia did this switcheroo on purpose to deceive the IRS and the Casino. The Casino banned both Patricia and Lisa for life. 💡
link to original post



Anyone gambling that owes back taxes should be arrested for stupidity.
At my age, a "Life In Prison" sentence is not much of a deterrent.
Nathan
Nathan
  • Threads: 67
  • Posts: 4385
Joined: Sep 2, 2016
August 10th, 2024 at 10:06:37 AM permalink
Quote: DRich

Quote: Nathan


People find ways around that. They ask people who don't have any offspring to collect the Jackpot for them and split the Jackpot. In a similar thing, a Woman who owed back taxes to the IRS, I'll call her Lisa got a Jackpot that was roughly the same amount that she owed the IRS. She knew if she claimed the Jackpot under her own name, all the Jackpot would go to the IRS for back taxes and she wouldn't have any of the Jackpot money for herself to enjoy. was at the Casino with her Friend who I'll call Patricia. Patricia didn't owe any back taxes to the IRS. Lisa asked Patricia to switch seats with her and claim the Jackpot and they'd split it. Patricia agreed and she and Lisa switched seats and Patricia claimed the Jackpot as her own and Lisa and she split the Jackpot. Soon after, the Casino found out that Lisa and Patricia did this switcheroo on purpose to deceive the IRS and the Casino. The Casino banned both Patricia and Lisa for life. 💡
link to original post



Anyone gambling that owes back taxes should be arrested for stupidity.
link to original post



You'd be surprised. A Slot Uploader begged people for money on GoFundMe for her Parents' medical bills. Another Slot Uploader filmed and Uploaded a video of her playing at a Casino without her permission. She was playing $25 a spin on a Slot machine. Her Followers were FURIOUS that she was at a Casino gambling while she had an active GoFundMe begging for help paying for her Parents' medical bills. She defended herself saying something like," I'm a grown woman who enjoys gambling. Am I supposed to NEVER gamble again? IIRC she also said something like," That Slot Uploader had absolutely no right to film and upload me minding my own business at a Casino without my permission. You guys should be pissed off at HIM for doing that to me, not me who was just minding my own business and was filmed and Uploaded without my permission." Her Fans questioned if she was gambling from the GoFundMe money and IIRC she responded that she was actually playing with free play that was about to expire or something like that, not playing with GoFundMe money. 💡🤔
Last edited by: Nathan on Aug 10, 2024
In both The Hunger Games and in gambling, may the odds be ever in your favor. :D "Man Babes" #AxelFabulous "Olive oil is processed but it only has one ingredient, olive oil."-Even Bob, March 27/28th. :D The 2 year war is over! Woo-hoo! :D I sometimes speak in metaphors. ;) Remember this. ;) Crack the code. :D 8.9.13.25.14.1.13.5.9.19.14.1.20.8.1.14! :D "For about the 4096th time, let me offer a radical idea to those of you who don't like Nathan -- block her and don't visit Nathan's Corner. What is so complicated about it?" Wizard, August 21st. :D
DRich
DRich
  • Threads: 89
  • Posts: 12683
Joined: Jul 6, 2012
August 10th, 2024 at 10:14:30 AM permalink
Quote: Nathan

[

You'd be surprised. A Slot Uploader begged people for money on GoFundMe for her Parents' medical bills. Another Slot Uploader filmed and Uploaded a video of her playing at a Casino without her permission. She was playing $25 a spin on a Slot machine. Her Followers were FURIOUS that she was at a Casino gambling while she had an active GoFundMe begging for help paying for her Parents' medical bills. She defended herself saying something like," I'm a grown woman who enjoys gambling. Am I supposed to NEVER gamble again? IIRC she also said something like," That Slot Uploader had absolutely no right to film and upload me minding my own business at a Casino. You guys should be pissed off at GIM for doing that to me, not me who was just minding my own business and was filmed and Uploaded without my permission." Her Fans questioned if she was gambling from the GoFundMe money and IIRC she responded that she was actually playing with free play that was about to expire or something like that, not playing with GoFundMe money. 💡🤔
link to original post



I will never be surprised by the stupidity of the general public.
At my age, a "Life In Prison" sentence is not much of a deterrent.
Nathan
Nathan
  • Threads: 67
  • Posts: 4385
Joined: Sep 2, 2016
August 10th, 2024 at 10:23:03 AM permalink
Quote: DRich

Quote: Nathan

[

You'd be surprised. A Slot Uploader begged people for money on GoFundMe for her Parents' medical bills. Another Slot Uploader filmed and Uploaded a video of her playing at a Casino without her permission. She was playing $25 a spin on a Slot machine. Her Followers were FURIOUS that she was at a Casino gambling while she had an active GoFundMe begging for help paying for her Parents' medical bills. She defended herself saying something like," I'm a grown woman who enjoys gambling. Am I supposed to NEVER gamble again? IIRC she also said something like," That Slot Uploader had absolutely no right to film and upload me minding my own business at a Casino. You guys should be pissed off at GIM for doing that to me, not me who was just minding my own business and was filmed and Uploaded without my permission." Her Fans questioned if she was gambling from the GoFundMe money and IIRC she responded that she was actually playing with free play that was about to expire or something like that, not playing with GoFundMe money. 💡🤔
link to original post



I will never be surprised by the stupidity of the general public.
link to original post



LMAO! 🤣 But I do wonder if the Slot Uploader playing in a Casino while actively having a GoFundMe to pay for her Parents' medical bills and her response is actually ARROGANCE and not STUPIDITY. I feel STUPIDITY would be more like seeing someone lose $500 in a slot machine and they leave and you put in $500 in the same slot machine and lose your $500 yourself. 💡🤔
In both The Hunger Games and in gambling, may the odds be ever in your favor. :D "Man Babes" #AxelFabulous "Olive oil is processed but it only has one ingredient, olive oil."-Even Bob, March 27/28th. :D The 2 year war is over! Woo-hoo! :D I sometimes speak in metaphors. ;) Remember this. ;) Crack the code. :D 8.9.13.25.14.1.13.5.9.19.14.1.20.8.1.14! :D "For about the 4096th time, let me offer a radical idea to those of you who don't like Nathan -- block her and don't visit Nathan's Corner. What is so complicated about it?" Wizard, August 21st. :D
GenoDRPh
GenoDRPh
  • Threads: 11
  • Posts: 692
Joined: Aug 4, 2022
August 11th, 2024 at 1:44:12 PM permalink
Well, this was not to best that is publicly known, a case of a winner trying to evade tax or support obligations. He was also not on the casino's bad boy list. Nelly was also not driving a motor vehicle, trying to enter a secured or restricted government building or facility, nor was he stopped on the street and detained due to reasonable suspicion or probable cause that criminality was afoot. He was a casino patron collecting lawfully earned winnings. These was no allegation he had committed, was in the process of committing or was about to commit any crime. A sworn law enforcement officer, duty bound to protect the rights of all, running a criminal background check on someone who was not suspected of anything. Let just say I'm not impressed with the cops actions, and this provides further evidence that police, as a group, are not trustworthy and one should never believe anything a cop says.
mcallister3200
mcallister3200
  • Threads: 17
  • Posts: 3742
Joined: Dec 29, 2013
August 11th, 2024 at 2:01:24 PM permalink
Seems likely the casino either ran the background check then called law enforcement or requested the background check of them rather than law enforcement initiating it. Article simply uses the word officer with no description beyond that, could mean security officer in one sentence and a law enforcement officer in the next. Could be an off duty officer employed by the casino in which case it could get sketchy if they’re deemed to be performing law enforcement duties but acting as an agent of the casino instead of a police officer (Justin Mills Maryland Live situation this was the court’s finding.)

To initiate the check on Nelly in STL of all places would be like the MGM Grand doing this to Floyd Mayweather or Mike Tyson though, he’s from there and this publicity can’t be good for HW in the court of public opinion.
Last edited by: mcallister3200 on Aug 11, 2024
billryan
billryan
  • Threads: 251
  • Posts: 17114
Joined: Nov 2, 2009
August 11th, 2024 at 3:10:01 PM permalink
Quote: GenoDRPh

Well, this was not to best that is publicly known, a case of a winner trying to evade tax or support obligations. He was also not on the casino's bad boy list. Nelly was also not driving a motor vehicle, trying to enter a secured or restricted government building or facility, nor was he stopped on the street and detained due to reasonable suspicion or probable cause that criminality was afoot. He was a casino patron collecting lawfully earned winnings. These was no allegation he had committed, was in the process of committing or was about to commit any crime. A sworn law enforcement officer, duty bound to protect the rights of all, running a criminal background check on someone who was not suspected of anything. Let just say I'm not impressed with the cops actions, and this provides further evidence that police, as a group, are not trustworthy and one should never believe anything a cop says.
link to original post



I'm playing devil's advocate here. A casino employee runs a background check on a winner, looking for back taxes, child support, etc, etc. He sees the person has warrants. Being a good citizen, he informs the nearest police officer that he is pretty sure that a wanted felon is one aisle over. Is it illegal for the officer to investigate it? Suppose it was a kidnapper or suspected terrorist. After watching hours of YouTube videos, I noticed that some police departments are lenient on outstanding warrants. Some have zero tolerance for them.
Was the officer working part-time for the casino? That seems common in Oklahoma.
The older I get, the better I recall things that never happened
GenoDRPh
GenoDRPh
  • Threads: 11
  • Posts: 692
Joined: Aug 4, 2022
August 11th, 2024 at 3:45:00 PM permalink
Quote: mcallister3200

Seems likely the casino either ran the background check


Do casinos have access to the criminal databases that are available to cops? If so, can casinos run CRIMINAL background checks without written permission of the subject (in this case Nelly). I will tell you, as both a landlord and a manager here in MA, I cannot run a background check on a prospective employee or tenant without written permission.
Quote:

then called law enforcement or requested the background check of them rather than law enforcement initiating it.

Wat would cause the casino to do such a thing? The article does not mention any involvement by the casino in the CRIMINAL background check by the police officer.
Quote:

Article simply uses the word officer with no description beyond that, could mean security officer

How would a security officer, who is not a police officer have access to criminal databases to run a criminal check?
Quote:

in one sentence and a law enforcement officer in the next. Could be an off duty officer employed by the casino in which case it could get sketchy if they’re deemed to be performing law enforcement duties but acting as an agent of the casino instead of a police officer (Justin Mills Maryland Live situation this was the court’s finding.)

Exactly my point. Why did a POLICE OFFICER run a CRIMINAL background check on Nelly, using tools and databases only available to police officers?


Quote: billryan

I'm playing devil's advocate here. A casino employee runs a background check on a winner, looking for back taxes, child support, etc, etc. He sees the person has warrants.

A casino, to the best of my knowledge, does not have access to any criminal offender database. Even if the casino checked for back taxes or CS, they would not see whether Nelly has a CRIMINAL warrant outstanding. If someone has contrary information, please bring it forward.
Quote:

Being a good citizen, he informs the nearest police officer that he is pretty sure that a wanted felon is one aisle over.

That's not what happened here. The POLICE officer initiated the CRIMINAL background check on his own, telling Nelly that such a check is required to collect a slots jackpot in MO.
Quote:

Is it illegal for the officer to investigate it?

That's the question I am asking. Was the CRIMINAL background check and subsequent detention performed by the POLICE officer a violation of Nelly's 4th Amendment rights and whatever the equivalent rights are in MO?
Quote:

Suppose it was a kidnapper or suspected terrorist.

Hypothetical non sequitors
Quote:

After watching hours of YouTube videos, I noticed that some police departments are lenient on outstanding warrants. Some have zero tolerance for them.
Was the officer working part-time for the casino? That seems common in Oklahoma.

Either way, a cop is a cop and must follow cop rules.
heatmap
heatmap
  • Threads: 272
  • Posts: 2359
Joined: Feb 12, 2018
August 11th, 2024 at 3:45:00 PM permalink
Quote: billryan

Quote: GenoDRPh

Well, this was not to best that is publicly known, a case of a winner trying to evade tax or support obligations. He was also not on the casino's bad boy list. Nelly was also not driving a motor vehicle, trying to enter a secured or restricted government building or facility, nor was he stopped on the street and detained due to reasonable suspicion or probable cause that criminality was afoot. He was a casino patron collecting lawfully earned winnings. These was no allegation he had committed, was in the process of committing or was about to commit any crime. A sworn law enforcement officer, duty bound to protect the rights of all, running a criminal background check on someone who was not suspected of anything. Let just say I'm not impressed with the cops actions, and this provides further evidence that police, as a group, are not trustworthy and one should never believe anything a cop says.
link to original post



I'm playing devil's advocate here. A casino employee runs a background check on a winner, looking for back taxes, child support, etc, etc. He sees the person has warrants. Being a good citizen, he informs the nearest police officer that he is pretty sure that a wanted felon is one aisle over. Is it illegal for the officer to investigate it? Suppose it was a kidnapper or suspected terrorist. After watching hours of YouTube videos, I noticed that some police departments are lenient on outstanding warrants. Some have zero tolerance for them.
Was the officer working part-time for the casino? That seems common in Oklahoma.
link to original post



pretttttty sure background checks dont include warrants.. just googled it... google ai says it doesnt but you know people and their love for abstraction... warrant does not equal the word background... background is the past... warrant is the present... i can say many more words here but choose not to
MDawg
MDawg
  • Threads: 41
  • Posts: 8094
Joined: Sep 27, 2018
August 11th, 2024 at 4:16:02 PM permalink
In California, which it is probably more or less the same in every state, law enforcement has at least two levels of searches available to it. The first, if the police decide to do a check at all, just verifies identity and searches for warrants, it also shows if the person is on parole, sometimes it might also show if on probation. The second level, returns any criminal record, and any sort of court supervised release status.

A first level search comes back quickly, a second level takes some time. Most police will at least run a first level search on anyone detained or pulled over, but a second level is run only if the officer has some reason to suspect the commission of a crime, and wants to see whom he is dealing with.

It still just comes back to the analysis I made, a lot of the rest posted in this thread is imprecise, and one thing I pointed out in my posts is that at least in some states private entities do not have the ability to do a full background check absent consent, and don't even have the ability to search very thoroughly for warrants either.

The main nationwide source for criminal records and warrants is NCIC and almost no private entities even have access to it. For example private detectives hired to do background checks have to put a lot of work into what they do including gumshoe work sometimes having to visit court houses and pull files manually - this is what has to be done when the party has not given consent (when the party HAS given consent, he is directed to go to a LIVESCAN facility, offer up his fingerprints, and consent to the release of the DOJ database (which is essentially NCIC) to the requesting party - I had to do that for all of my professional licenses).
The relevance here is that it's not like a casino could find out anything about a player instantly including whether or not he has any warrants, would take some time. Law enforcement could find out quickly. Which is why I am certain that in this instance it was law enforcement not the casino that found out that Nelly had a warrant.
Last edited by: MDawg on Aug 11, 2024
I tell you it’s wonderful to be here, man. I don’t give a damn who wins or loses. It’s just wonderful to be here with you people. https://wizardofvegas.com/forum/gambling/betting-systems/33908-the-adventures-of-mdawg/
Deucekies
Deucekies
  • Threads: 58
  • Posts: 1486
Joined: Jan 20, 2014
August 11th, 2024 at 4:18:01 PM permalink
I'm just wondering how the cops would have trouble finding a celebrity like Nelly. Doesn't he do concerts and other public appearances?
Casinos are not your friends, they want your money. But so does Disneyland. And there is no chance in hell that you will go to Disneyland and come back with more money than you went with. - AxelWolf and Mickeycrimm
mcallister3200
mcallister3200
  • Threads: 17
  • Posts: 3742
Joined: Dec 29, 2013
August 11th, 2024 at 5:04:05 PM permalink
Quote: MDawg

In California, which it is probably more or less the same in every state”

“Which is why I am certain that in this instance it was law enforcement not the casino that found out that Nelly had a warrant.”
link to original post



LolZ.

You really have no idea what the hell you’re talking about more than anyone else on this one either. Has never stopped your adventures before though.
GenoDRPh
GenoDRPh
  • Threads: 11
  • Posts: 692
Joined: Aug 4, 2022
August 11th, 2024 at 5:09:59 PM permalink
Quote: mcallister3200

Quote: MDawg

In California, which it is probably more or less the same in every state”

“Which is why I am certain that in this instance it was law enforcement not the casino that found out that Nelly had a warrant.”
link to original post



LolZ.

You really have no idea what the hell you’re talking about more than anyone else on this one either. Has never stopped your adventures before though.
link to original post



The dude's a lawyer.
MDawg
MDawg
  • Threads: 41
  • Posts: 8094
Joined: Sep 27, 2018
August 11th, 2024 at 5:18:22 PM permalink
I really don't post anything here at WOV unless I know for sure.

If I do post something I am unsure of, I qualify it with something like "I think."

Quote: MDawg

In California, which it is probably more or less the same in every state”

“Which is why I am certain that in this instance it was law enforcement not the casino that found out that Nelly had a warrant.”
link to original post


And in any case, if you follow the more detailed article itself, that DarkOz posted,

https://www.billboard.com/music/rb-hip-hop/nelly-arrest-drugs-missouri-1235748861/

A source close to the situation says the hitmaker was detained at the casino — where he gambles and which he frequents as a performer — and was paraded through the venue in handcuffs after authorities discovered a warrant from a six-year-old insurance infraction.

it doesn't take a legal professional to gather that "authorities" does not refer to the casino, but rather to law enforcement.

Further on in the same article:

Even Nelly's own attorney stated that, Rosenblum continued: “After winning several jackpots, at a venue where Mr. Haynes frequently visits and entertains at its amphitheater; instead of just supervising the transfer of Mr. Haynes’ winnings, this officer felt compelled to needlessly run a check for warrants."

I didn't need to read all that to know, but now we all know, for sure.
Last edited by: MDawg on Aug 11, 2024
I tell you it’s wonderful to be here, man. I don’t give a damn who wins or loses. It’s just wonderful to be here with you people. https://wizardofvegas.com/forum/gambling/betting-systems/33908-the-adventures-of-mdawg/
mcallister3200
mcallister3200
  • Threads: 17
  • Posts: 3742
Joined: Dec 29, 2013
August 11th, 2024 at 5:21:19 PM permalink
Quote: GenoDRPh

Quote: mcallister3200

Quote: MDawg

In California, which it is probably more or less the same in every state”

“Which is why I am certain that in this instance it was law enforcement not the casino that found out that Nelly had a warrant.”
link to original post



LolZ.

You really have no idea what the hell you’re talking about more than anyone else on this one either. Has never stopped your adventures before though.
link to original post



The dude's a lawyer.
link to original post



Allegedly. But not in Missouri.
GenoDRPh
GenoDRPh
  • Threads: 11
  • Posts: 692
Joined: Aug 4, 2022
August 11th, 2024 at 5:55:18 PM permalink
Quote: mcallister3200

Quote: GenoDRPh

Quote: mcallister3200

Quote: MDawg

In California, which it is probably more or less the same in every state”

“Which is why I am certain that in this instance it was law enforcement not the casino that found out that Nelly had a warrant.”
link to original post



LolZ.

You really have no idea what the hell you’re talking about more than anyone else on this one either. Has never stopped your adventures before though.
link to original post



The dude's a lawyer.
link to original post



Allegedly. But not in Missouri.
link to original post



The 4th Amendment applies all over the US.
MDawg
MDawg
  • Threads: 41
  • Posts: 8094
Joined: Sep 27, 2018
August 11th, 2024 at 6:11:43 PM permalink
Quote: MDawg

The main nationwide source for criminal records and warrants is NCIC and almost no private entities even have access to it. For example private detectives hired to do background checks have to put a lot of work into what they do including gumshoe work sometimes having to visit court houses and pull files manually - this is what has to be done when the party has not given consent (when the party HAS given consent, he is directed to go to a LIVESCAN facility, offer up his fingerprints, and consent to the release of the DOJ database (which is essentially NCIC) to the requesting party - I had to do that for all of my professional licenses).
The relevance here is that it's not like a casino could find out anything about a player instantly including whether or not he has any warrants, would take some time. Law enforcement could find out quickly. Which is why I am certain that in this instance it was law enforcement not the casino that found out that Nelly had a warrant.
link to original post


Geno knows about LIVESCAN and background checks too, as I assume he had to undergo one to get his pharmacist license. But you'd have to be involved with the legal system to know more about exactly what is done with that LiveScan.

Many attorneys have used private investigators, I have used many. I have a lot of personal experience with all of this.
I tell you it’s wonderful to be here, man. I don’t give a damn who wins or loses. It’s just wonderful to be here with you people. https://wizardofvegas.com/forum/gambling/betting-systems/33908-the-adventures-of-mdawg/
GenoDRPh
GenoDRPh
  • Threads: 11
  • Posts: 692
Joined: Aug 4, 2022
August 11th, 2024 at 6:29:51 PM permalink
I had to undergo a criminal BG check to get my license in all the states I am licensed in. I also conducted BG checks on my tenants and job applicants. In all cases, the entity doing the BG checked were, by law, required to get written permission. Never heard the term "Livescan" before. In MA, we call it CORI - Criminal Offender Record Information. I assume the info available to me, as a lay member of the public, is less than what's available to cops.
Nathan
Nathan
  • Threads: 67
  • Posts: 4385
Joined: Sep 2, 2016
August 11th, 2024 at 6:36:36 PM permalink
Like other people said, it is weird that they did a background check on Cornell for a Jackpot. 💡🤔
In both The Hunger Games and in gambling, may the odds be ever in your favor. :D "Man Babes" #AxelFabulous "Olive oil is processed but it only has one ingredient, olive oil."-Even Bob, March 27/28th. :D The 2 year war is over! Woo-hoo! :D I sometimes speak in metaphors. ;) Remember this. ;) Crack the code. :D 8.9.13.25.14.1.13.5.9.19.14.1.20.8.1.14! :D "For about the 4096th time, let me offer a radical idea to those of you who don't like Nathan -- block her and don't visit Nathan's Corner. What is so complicated about it?" Wizard, August 21st. :D
MDawg
MDawg
  • Threads: 41
  • Posts: 8094
Joined: Sep 27, 2018
August 11th, 2024 at 6:45:23 PM permalink
Live scan is an automated service for criminal history background checks that may be required as a condition of employment, licensing, certification, foreign adoptions or VISA/Immigration clearances.

It may be referred to as something else in different states.
I tell you it’s wonderful to be here, man. I don’t give a damn who wins or loses. It’s just wonderful to be here with you people. https://wizardofvegas.com/forum/gambling/betting-systems/33908-the-adventures-of-mdawg/
Wizard
Administrator
Wizard
  • Threads: 1520
  • Posts: 27103
Joined: Oct 14, 2009
August 11th, 2024 at 10:17:40 PM permalink
Quote: mcallister3200


Allegedly.
link to original post



Personal insult. Three-day suspension.
"For with much wisdom comes much sorrow." -- Ecclesiastes 1:18 (NIV)
Nathan
Nathan
  • Threads: 67
  • Posts: 4385
Joined: Sep 2, 2016
August 12th, 2024 at 6:49:20 AM permalink
About people playing in Casinos they KNOW they are self excluded from, I don't get why they play games that they KNOW can trigger Jackpots. If anything, they should be playing games where there is no way to win jackpots on.

I could understand if they ACCIDENTALLY played a game that they didn't KNOW could trigger a Jackpot however. A guy playing just 50 cents won $2,000 suddenly when he got a row of wolves and the wolf Progressive symbol came up and was utterly happily shocked as he was not expecting to win $2,000 on a 50 cents.

I could see someone on the self exclusion list playing a 50 cents game and having no idea that they could trigger a Jackpot on just 50 cents, but there are some people on the self exclusion list who KNOW the game they are playing could result in Jackpots and they STILL play instead of playing a game where the most you can win is about $1,009. 😵‍💫🤔💡
Last edited by: Nathan on Aug 12, 2024
In both The Hunger Games and in gambling, may the odds be ever in your favor. :D "Man Babes" #AxelFabulous "Olive oil is processed but it only has one ingredient, olive oil."-Even Bob, March 27/28th. :D The 2 year war is over! Woo-hoo! :D I sometimes speak in metaphors. ;) Remember this. ;) Crack the code. :D 8.9.13.25.14.1.13.5.9.19.14.1.20.8.1.14! :D "For about the 4096th time, let me offer a radical idea to those of you who don't like Nathan -- block her and don't visit Nathan's Corner. What is so complicated about it?" Wizard, August 21st. :D
DRich
DRich
  • Threads: 89
  • Posts: 12683
Joined: Jul 6, 2012
August 12th, 2024 at 7:02:47 AM permalink
Quote: Nathan

About people playing in Casinos they KNOW they are self excluded from, I don't get why they play games that they KNOW can trigger Jackpots. If anything, they should be playing games where there is no way to win jackpots on.



Because they are idiots.
At my age, a "Life In Prison" sentence is not much of a deterrent.
GenoDRPh
GenoDRPh
  • Threads: 11
  • Posts: 692
Joined: Aug 4, 2022
August 12th, 2024 at 11:24:54 AM permalink
Quote: DRich

Quote: Nathan

About people playing in Casinos they KNOW they are self excluded from, I don't get why they play games that they KNOW can trigger Jackpots. If anything, they should be playing games where there is no way to win jackpots on.



Because they are idiots.
link to original post



Not as stupid as walking around with an open warrant and contraband in their pockets...
RuddyDuck
RuddyDuck
  • Threads: 0
  • Posts: 14
Joined: Dec 25, 2023
August 12th, 2024 at 1:58:03 PM permalink
Nelly is still very famous in the St. Louis area.

It's unlikely it happened this way; however, it is against the law for Missouri casinos to require identification at the entrance for purposes other than age verification.

Missouri Gaming Commission (State Police) are required to be notified and verify seals for jackpots $15,000 and above. They have some additional verifications above $50,000. Although none of their verifications seem to require an ID check, they probably have to sign paperwork, or at least attached to paperwork, signed by the winner.

Las Vegas has four structures taller than the St. Louis Arch, standing at 630'. Edit because it's worth noting: Encore is 631' tall.
DRich
DRich
  • Threads: 89
  • Posts: 12683
Joined: Jul 6, 2012
August 12th, 2024 at 3:50:43 PM permalink
Quote: RuddyDuck



Las Vegas has four structures taller than the St. Louis Arch, standing at 630'. Edit because it's worth noting: Encore is 631' tall.



Interesting, I did not realize that. I always remember the Arch as being so tall, it might just be the perspective of standing under it.
At my age, a "Life In Prison" sentence is not much of a deterrent.
Nathan
Nathan
  • Threads: 67
  • Posts: 4385
Joined: Sep 2, 2016
August 12th, 2024 at 5:29:09 PM permalink
Quote: RuddyDuck

Nelly is still very famous in the St. Louis area.

It's unlikely it happened this way; however, it is against the law for Missouri casinos to require identification at the entrance for purposes other than age verification.

Missouri Gaming Commission (State Police) are required to be notified and verify seals for jackpots $15,000 and above. They have some additional verifications above $50,000. Although none of their verifications seem to require an ID check, they probably have to sign paperwork, or at least attached to paperwork, signed by the winner.

Las Vegas has four structures taller than the St. Louis Arch, standing at 630'. Edit because it's worth noting: Encore is 631' tall.
link to original post





You kind of read my mind. I was just about to post that Nelly is a has been from literally around 20 years ago and I can't believe his arrest over this got so much attention. 💡🤔 If he's STILL famous in the St. Louis area, I can see why this turned out to be a REALLY big deal. 🤔💡
In both The Hunger Games and in gambling, may the odds be ever in your favor. :D "Man Babes" #AxelFabulous "Olive oil is processed but it only has one ingredient, olive oil."-Even Bob, March 27/28th. :D The 2 year war is over! Woo-hoo! :D I sometimes speak in metaphors. ;) Remember this. ;) Crack the code. :D 8.9.13.25.14.1.13.5.9.19.14.1.20.8.1.14! :D "For about the 4096th time, let me offer a radical idea to those of you who don't like Nathan -- block her and don't visit Nathan's Corner. What is so complicated about it?" Wizard, August 21st. :D
DRich
DRich
  • Threads: 89
  • Posts: 12683
Joined: Jul 6, 2012
August 12th, 2024 at 6:38:56 PM permalink
I believe Nelly is or was a singer. i would not be able to pick her out of a line up if my life depended on it.
At my age, a "Life In Prison" sentence is not much of a deterrent.
DogHand
DogHand
  • Threads: 2
  • Posts: 1831
Joined: Sep 24, 2011
August 12th, 2024 at 8:00:42 PM permalink
Quote: DRich

I believe Nelly is or was a singer. i would not be able to pick her out of a line up if my life depended on it.
link to original post


... particularly because Nelly is a man 🤣

Dog Hand
Nathan
Nathan
  • Threads: 67
  • Posts: 4385
Joined: Sep 2, 2016
August 12th, 2024 at 10:21:02 PM permalink
Quote: DRich

I believe Nelly is or was a singer. i would not be able to pick her out of a line up if my life depended on it.
link to original post



There are TWO VERY different Nellys. 🤭 One Nelly is Nelly Furtado, a Female Singer. The other is Cornell Haynes II, better known as Nelly, a male Rapper, the Nelly that is being talked about in this very thread. 🤭 As I write this post, I'm surprised that Nelly Furtado and Nelly the Rapper NEVER made any songs together. Nelly and Nelly would have looked good together. 😀💡🤔
Here is a link to the Nelly the Rapper. 🤭

https://www.google.com/search?q=nelly+haynes&oq=nelly+haynes&gs_lcrp=EgZjaHJvbWUyBggAEEUYOdIBCDMyODlqMGo5qAIAsAIB&client=ms-android-tmus-us-revc&sourceid=chrome-mobile&ie=UTF-8

Here is a link to Nelly Furtado, the female Singer. 🤭

https://www.google.com/search?gs_ssp=eJzj4tDP1TdIKiyuNGD04s1LzcmpVEgrLSpJTMkHAGexCI4&q=nelly+furtado&oq=nelly&gs_lcrp=EgZjaHJvbWUqDAgBEC4YJxiABBiKBTIGCAAQRRg7MgwIARAuGCcYgAQYigUyFQgCEC4YFBiDARiHAhixAxjJAxiABDIOCAMQRRgnGDsYgAQYigUyDQgEEAAYkgMYgAQYigUyDAgFEAAYQxiABBiKBTIKCAYQLhixAxiABDIPCAcQLhhDGNQCGIAEGIoFMgYICBBFGDwyDAgJEC4YQxiABBiKBTIPCAoQABhDGLEDGIAEGIoFMg8ICxAAGEMYsQMYgAQYigUyBwgMEAAYgAQyCggNEAAYsQMYgAQyEAgOEC4YgwEYsQMYgAQYigXSAQg0MTU1ajBqOagCDrACAQ&client=ms-android-tmus-us-revc&sourceid=chrome-mobile&ie=UTF-8

In both Nellys heydays which were roughly the SAME era, music channels would usually call them Nelly and Nelly Furtado to differentiate between them. 🤭💡
In both The Hunger Games and in gambling, may the odds be ever in your favor. :D "Man Babes" #AxelFabulous "Olive oil is processed but it only has one ingredient, olive oil."-Even Bob, March 27/28th. :D The 2 year war is over! Woo-hoo! :D I sometimes speak in metaphors. ;) Remember this. ;) Crack the code. :D 8.9.13.25.14.1.13.5.9.19.14.1.20.8.1.14! :D "For about the 4096th time, let me offer a radical idea to those of you who don't like Nathan -- block her and don't visit Nathan's Corner. What is so complicated about it?" Wizard, August 21st. :D
darkoz
darkoz
  • Threads: 300
  • Posts: 11860
Joined: Dec 22, 2009
August 14th, 2024 at 9:21:28 AM permalink
As for warrant checks for jackpots over a certain amount, that's one of those BS statements that sound logical at first until you do a deep dive and realize how ridiculous it is.

The only reason for a state mandated statutory required warrant check is the state wants to use the winning of jackpots as a net to catch criminals on the lam.

But if that was the case, they would set the widest net possible, not the smallest.

As some have pointed out, there are jurisdictions that check for back taxes, and other arrears to the state. Usually those thresholds are LOWER than federal reporting requirements. NYS for example is $600. They want to catch As many as possible.

They certainly wouldn't limit to only extremely lucky people with massive jackpots

Using the scenario put forth by Bill Ryan, the officer doesn't know if the person is wanted for rape perhaps. Okay so Nelly wins fifty grand, gets arrested for not supplying an insurance card, meanwhile a rapist on the run ONLY wins $1500 so doesn't have his warrants check and goes on to rape another woman?

You see how ridiculous the whole situation sounds. So I call BS on the officer claiming over a certain large jackpot amount he needs to run a warrant check.
For Whom the bus tolls; The bus tolls for thee
  • Jump to: