Background
Todd Hoch, doing business as South Point Hotel and Casino, sued the casino, the Las Vegas Metropolitan Police Department, and an officer after being seized for trespassing. The seizure occurred when Hoch refused to wear a face mask and later refused to leave the casino after being told to do so. The district court granted summary judgment for the defendants, finding they had legal authority to detain Hoch.
The court’s reasoning
The panel concluded that casino personnel had probable cause to arrest Hoch for trespassing under Nevada law because he received a sufficient warning and willfully remained on the premises. The court found that security camera footage contradicted Hoch’s version of events, showing he engaged verbally with officers and stepped back toward them after being pushed away. Regarding the police officer, the court held that the seizure was justified at its inception because the officer responded to a trespass call and found Hoch to be aggressive. The detention was reasonably related in scope, lasting less than twenty minutes, and the officer’s methods were the least intrusive means available.
What it means going forward
The decision reinforces that private security personnel acting under color of state law may detain individuals for trespassing if they have probable cause, and that police officers may conduct brief investigative stops based on reasonable suspicion of aggression during a trespass response.
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