A Public offense committed or attempted in the person’s presence

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For each question, answer whether Barney has the right to arrest Otis under NRS chapter 171. For a public offense committed or attempted in the person’s presence. You can assume that Barney uses reasonable force to make the arrest and calls the police right away, but he is not a peace officer. The casino has the required sign posted correctly.

Answered yes or no

Below is about NRS 171 to solve the question

Nevada Law:  Citizen’s Arrest     **See page 2 for definitions of terms in this statute.

 

NRS 171.104  Arrest defined; by whom made.  An arrest is the taking of a person into custody, in a case and in the manner authorized by law. An arrest may be made by a peace officer or by a private person.

 

NRS 171.126  Arrest by private person.  A private person may arrest another:

 

.  When the person arrested has committed a felony, although not in the person’s presence.

.  When a felony has been in fact committed, and the private person has reasonable cause for believing the person arrested to have committed it.

 

NRS 171.132  Person making arrest may summon assistance.  Any person making an arrest may orally summon as many persons as the person making the arrest deems necessary to aid him or her therein.

 

NRS 171.134  Escape or rescue of arrested person: Pursuit and retaking at any time and place in State.  If a person arrested escapes or is rescued, the person from whose custody he or she escaped or was rescued may immediately pursue and retake the person at any time and in any place within the State.

 

 NRS 171.136  When arrest may be made.

…..

(2)(d) When the offense is committed in the presence of a private person and the person makes an arrest immediately after the offense is committed;

 

NRS 171.1235  Gaming licensee may detain person suspected of having committed felony in gaming establishment.

1.  As used in this section:

(a) ”Establishment” means any premises whereon any gaming is done or any premises owned or controlled by a licensee for the purpose of parking motor vehicles owned or operated by patrons of such licensee.

(b) ”Licensee” has the meaning ascribed to it in NRS 463.0171.

2.  Any licensee or the licensee’s officers, employees or agents may take into custody and detain any person when such licensee or the licensee’s officers, employees or agents have reasonable cause to believe the person detained has committed a felony, whether or not in the presence of such licensee or the licensee’s officers, employees or agents.

3.  Detention pursuant to this section shall be in the establishment, in a reasonable manner, for a reasonable length of time and solely for the purpose of notifying a peace officer. Such taking into custody and detention shall not render the licensee or the licensee’s officers, employees or agents criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless such taking into custody and detention are unreasonable under all the circumstances.

4.  No licensee or the licensee’s officers, employees or agents are entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place in the establishment a notice in boldface type clearly legible and in substantially this form:

 

Any gaming licensee or the licensee’s officers, employees or agents who have reasonable cause to believe that any person has committed a felony may detain such person in the establishment for the purpose of notifying a peace officer.

Questions: Answer should be yes or no

1. Barney sees Otis standing around the ATM machine in the hotel lobby for an hour looking very suspicious. When Barney approaches Otis and asks him what he’s doing, Otis runs out the door. Barney chases him and arrests him before he leaves the hotel’s property.
2. Andy the surveillance supervisor sees Otis on surveillance video steal a guest’s purse and run for the exit. He calls Barney on the radio and says, “Stop that guy with the purse” so Barney arrests him.
3. Barney sees a picture of Otis online in a story that said he was wanted for bank robbery in three states. The next day, Barney sees Otis in the hotel lobby and arrests him and calls the police.
No or yes

 

4. A guest shouts, “Help! He took my purse!” and points at Otis. Barney does not see any crime, but he sees Otis running for the exit and carrying a purse, so he arrests him.
5. Barney evicts Otis from the hotel for smoking in a non-smoking area and tells him to never come back. The next day, Barney sees Otis sitting at the hotel bar and immediately arrests him.
6. Barney sees Otis try to steal a man’s wallet, but the man fights him and gets the wallet back. Barney immediately chases Otis out the door and arrests him on the public sidewalk outside.

 

7. Barney gets a call from the casino bar that two guys are fighting. When Barney arrives they are not fighting any more. The bartender points to Otis and says, “I didn’t see what happened, but I think he started it.” So Barney arrests Otis for fighting.

 

8. A casino supervisor has reasonable cause to believe Otis is cheating at the 21 table. He calls Barney on the radio and says, “Don’t let him leave until the gaming agents get here.” When Otis gets up to leave, Barney arrests him.

 

9. Barney sees Otis sitting at the casino bar talking to Thelma, a famous prostitute. Barney immediately arrests both of them.
10. Barney gets a call from the nightclub that Otis is drunk and disorderly, so Barney finds Otis and tells him he has to leave immediately. Otis refuses to leave, so Barney arrests him for trespassing.