Executed search warrant on gambling place a few days ago....officers now found deposit slips where poceeds being doposited. Need fastest way to secure, freeze, sieze the acounts.... Any help is appreciated. New warrant?
Search Warrant 18.02 (1) property aquired.. in any other manner which makes acquisition a penal offense". Create an order by the judge issuing the warrant for the institution to hold funds, or submit to registry of court.
18.183 gives that authority and the proper procedure for holding gambling money.
Then resolve it under 18.18.
Also, try John Grace up in Lubbock he is the gambling king.
Posts: 293 | Location: Austin, TX, US | Registered: September 12, 2002
Clay is right. If John gives you advice, it should be followed, as he knows of what he speaks. And Clay's analysis is correct. I would only add that, if the bank account was not included in your original warrant, then I think a new warrant would be required.
Posts: 1233 | Location: Amarillo, Texas, USA | Registered: March 15, 2001
No, wasn't included.....I have seen those that order a cashiers check made payable to the prosecutor...may do that, but will have to set up an interest bearing account pursuant to 18.183.
A side note....the mananger said that she was told it was legal and there was a federal ruling saying so. I know there have been rumblings of some sort of sweepstakes that has a federal ruling attached to it upon which some of these establishments are relying. Anyone know anything about this? I think this one says they give 10% to the VFW.
I'm aware of two cases in which federal magistrate judges either made FF/CL or adopted an arbitration award in disputes between manufacturers or marketers of "gaming systems." Both opine that the machines and award schemes are consistent with Texas gambling law. So those are out there, to the extent you're inclined to be guided by a tribunal without Texas criminal jurisdiction opining in a matter without the benefit of input from the state. I agree with John Grace, however, that the most definitive recent discussion of Texas criminal law dealing with sweepstakes is Jester v. State.
The folks attempting to expand the envelope in these cases tell me I should pay attention to these cases because they're issued by a judge (in the case of the magistrate's FF/CL) and a former Texas Supreme Court justice (in the case of the arbitration award). Further, I'm told I should ignore the AG's opinion on stored-value cards (ironically enough also issued by a former Texas Supreme Court justice) because they're not binding on a Texas court. The fact that the opinion of a federal magistrate and an arbitrator in non-criminal cases with no constitutional issues are no more binding than the AG's opinion is left undiscussed. In light of all the helpful input I receive from these folks, I'm left with a bit of a Shakespearean take on the issue: Methinks thou dost protest too much.
BTW, the charity issue is a ruse unless it's offered as the foundation for a raffle or licensed bingo (and if it's a raffle, the 90% cut going elsewhere would be fatal, since all the proceeds have to go to the charity). Whether the gambling proceeds go to the United Way, the VFW or La Cosa Nostra matters not. Chapter 47 contains no "charitable exception."
Posts: 1233 | Location: Amarillo, Texas, USA | Registered: March 15, 2001
supposedly, they have to offer free play, have "no purchase necessary" signs up....etc. and the terminals are merely card readers to determine if your card was a winner..... The purchase is merely a donation of which a % goes to the charity, and I am told a % to the state. Don't have details yet.
I don't think there was any free playing going on! Much less signs advertising such.
