San Mateo Police Raid Small-Stakes Poker Game
Radley Balko | January 14, 2008, 10:45pm
Police in San Mateo County, California apparently first spent months investigating the small-stakes poker game. From this firsthand account, it looks like a couple of the officers were playing regularly for several weeks before sending in the SWAT team, guns drawn, last week. If California is like most states (and I believe it is), a poker game is only illegal if the house is taking a rake off the top. In this case, it looks like that "rake" was the $5 the extra the hosts asked from each buy-in to pay for pizza and beer.
Police also took a 13-year-old girl out of the home, away from her parents, and turned her over to child protective services. In addition to the charge of running an illegal gambling operation, the hosts are also charged with contributing to the delinquency of a minor. Good thing the poor girl was saved before slouching toward an inevitable life of crime.
I'm not quite sure I understand this part, either:
A background check on the house's residents led officers to a Web site advertising weekly poker games. The Web site was used to lure "unwitting" participants to the tournaments, which required a $25 to $55 buy-in with an extra $5 "refreshment" fee, according to the report.
How does an advertisement for a small-stakes poker game "unwittingly lure" someone? Did they think the game was free? If they did, was there something preventing them from simply leaving if they didn't want to pay the buy-in?
This account suggests the police hinted to individual players that the hosts may have been cheating or defrauding them, though that's not apparent in the news accounts. Firsthand accounts on poker sites have only good things to say about the hosts. Of course, even if the hosts were cheating, it wouldn't justify a full-on raid, particularly in mid-tournament. The SWAT tactics seem more like intimidation. Raiding in mid-tournament also ensures there's a $1,300 pot to seize for the sheriff department's general fund.
Finally, the San Mateo Daily Journal includes this helpful note:
The San Mateo County Sheriff’s Office encourages citizens to report instances of heavy foot traffic, frequent visitors and illegal parking in residential areas by calling its anonymous tip line...
Mustn't be much crime in San Mateo.
MORE: Check the comments for posts from poker players at the raid.
MORE II: Correction to this post here.
Phil Helmuth | January 15, 2008, 9:34am | #
From an elected official who gets it:
"When government makes it into Jay Leno's monologue, it is not a good sign. The recent crackdown on senior bingo in Carroll County is, I have to say it, penny ante.
I know what state law says about gambling. I also know that older residents wagering a little pocket change on bingo, cards and billiards does not make our senior centers into miniature Atlantic Cities… although it did bring some interesting questions to mind. Do our local seniors sport colorful nicknames like "Blackout" Bob or "Four Corners" Francis? Do silver-haired residents shuffle stacks of pennies like the pros on the World Series of Poker? Are officials worried about aging loan sharks sneaking around our senior centers with a pocket full of nickels? What happens when an unlucky older resident has a bad week at the bingo table and then can't afford to buy some big ticket item like a postage stamp?
There are a few things about this fiasco that stick in my craw. First, the government does not have any problem with senior citizens playing keno or buying lottery tickets. Our seniors are always welcome at the race tracks and every year we seem to get closer to legalizing slot machines. It seems the government doesn't mind gambling as long as it is the one raking in the chips.
Second, one of the best things for seniors is getting out of the house and spending time with other folks. If a penny game of cards keeps our older residents happier or healthier, then I say, "Deal me in." Growing old is hard enough without some overzealous government official treating a friendly bingo game like a bootlegging operation.
Finally, there is a legal principle called "de minimus non curat lex." Translated from fancy attorney's Latin, this phrase means the law does not cure trifles. My son's translation would be closer to, "You've got to be kidding me."
For many years, judges have understood that enforcing the law for ridiculously small violations is often a waste of time and money. Even worse, bureaucratic nitpicking trivializes the government and the law itself. The focus of public officials should be on solving real problems, not on rousting a bunch of harmless elderly citizens."
Mayor Haven Shoemaker, Jr.
Hampstead, Maryland