2019 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 5. Specific Offenses
Subchapter VII Offenses Against Public Health, Order and Decency
§ 1474 Detention and questioning of person suspected of violating § 1471 of this title; limitations on liability; posting of notice.
(a) Any video lottery agent, licensee, or that video lottery agent’s or licensee’s officers, employees or agents may question any person at the video lottery agent’s or licensee’s video lottery facility suspected of violating any of the provisions of § 1471 of this title. No video lottery agent or any of that video lottery agent’s officers, employees or agents is criminally or civilly liable:
(1) On account of any such questioning; or
(2) For reporting to the Delaware Lottery, Division of Gaming Enforcement or appropriate law-enforcement authorities the person suspected of the violation.
(b) Any video lottery agent or any of its officers, employees or agents who has probable cause for believing that there has been a violation of § 1471 of this title in a video lottery facility, including its parking areas and/or adjacent facilities, by any person may take that person into custody and detain that person in the video lottery facility in a reasonable manner and for a reasonable length of time while awaiting the arrival of law-enforcement officials, who shall be summoned without delay. Such a taking into custody and detention does not render the video lottery agent or that video lottery agent’s 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.
(c) No video lottery agent or its officers, employees or agents is entitled to the immunity from liability provided for in subsection (b) of this section unless there is displayed in a conspicuous place in the video lottery facility a notice in boldface type clearly legible and in substantially this form:
“Any video lottery agent, or any of that video lottery agent’s officers, employees or agents who has probable cause for believing that any person has violated any provision of § 1471 of Title 11 may detain that person in this facility.”
77 Del. Laws, c. 221, § 5; 70 Del. Laws, c. 186, § 1.
