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The Magic Cafe Forum Index » » If right you win, if wrong you lose... » » Whatever happened to three-card monte? (0 Likes) Printer Friendly Version

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NJJ
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Does that mean that, technically, if I set up a completely fair game of three card monte (rather than a game that looks completely fair) I could be arrested for theft by deception?
Police Magician
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Nick, in order to be arrested, we have to have probable cause. Probable Cause is when a crime is being committed, about to be committed or has been committed. To charge a person with Theft by Deception, we have to know "INTENT" on the part of the suspect. To convict them in a court of law, we have to prove that "INTENT". Thankfully, most of the 3CM teams already had a record showing this was done in other areas, so that helped our case as well.

As I have told many buskers, who wish to set up shop doing this, alert the authorities in that town to what you are doing so they understand that what you do is for entertainment purposes, not criminal intent. You have one advantage many others do not; you have a website showing you as an honest con man.

This does not stop people from calling a law enforcement agency and making a complaint though. I am speaking of Georgia law, not any other state in our nation as I am not that familar with other state laws. I would not recommend doing any con game in public, just to be on the safe side, but do understand that buskers and magicians do this as part of a show, for entertainment purposed only. I have talked to other local officials about this so they understand, but they may still keep an eye on a person doing it just to make sure they are within the ramifications of entertainment only.

Glenn
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Sarge, that is a great website you have. I am coping and pasting in my files to show others. Keep up the good work and thank you, as well as thanks to Nick, for showing people about bunco.

GLenn
Wizzard
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Glenn,
Thanks for the kind words.
Your advice to Nickolas is spot on.
Your advice to Buskers is correct, giving the impression of "Gambling" could get some into hot water. Vice Cops frown on such practices.
What Nickolas does is great entertainment, it brings an element of awareness to the public. My act does the same, but in a different way. People Love money, legal or illegal, so it was a natural progression for me. 23 years taught me a lot about human nature. I exploit that without any money changing hands.
Regards,
wizzard
(aka)SgtNewlon
buncounit.com
It's never the wand, it's always the magician
MagicSanta
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In the South Bay area of San Francisco region there are guys running the monte at high schools. I ran into a teacher who asked me how he could 'beat' the game and I explained to him that he couldn't beat it and in general the idea behind it. He told me that a couple of guys in their early 20's were working a circuit of highschools during lunch and the kids line up with their money in hand. It is a rather well of area so the kids do have more than a few dollars on them usually, thanks to mommy and daddy. The teacher said he would be calling the police next time he saw them and I'm not sure why they never did in the first place. I could see teens being good targets since they get their ego in front of their friends get ahead of their lil' smooth brains.
NJJ
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Thanks Glenn - I'm always interested in the way in which the law is applied in different countries.

In Barcelona, you can be fined several thousand euro for simply PLAYING the game. In other words, the victim is fined!

Image
Police Magician
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Thank you Sarge, Santa and Nick. I could not imagine 3CM at a school here, but stanger things have happened. Sarge, I have been in law enforcement since 1983, first starting out as a deputy New York State, then moving back to my homeland, Georgia, five years later, where locals don't have an accent. Nick, I am interested in knowing about other countries and their laws as well.

I hope my last post on probable cause and intent helped you understand how our system works. It is not hard to prosecute a case of 3CM, Shell and Pea or Fast and Loose in Georgia. All you have to do is demonstrate for the court. That is the advantage magicians have over just street cops. Thankfully, I am both, so I have no problems.

Again, as long as the authorities know you are there for entertainment, you should be alright. If you have a problem here in the states, especially Georgia, contact me and I will explain it to them. Good luck. Glenn
MagicSanta
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Glen you almost got me when you said the locals don't have accents! You know I lived down the road from you and love that area...and they do have accents to outsiders!
Police Magician
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Santa, to outsiders, yes, they have accents. To us locals, they don't. They only ones who have accents here are those from different states like New York, Rhode Island, New Hampshire and a few of the other Northern states.

Seriously though, I did that for you as I remember you had lived in this area when we spoke years ago. Hope all is going well for you.

Glenn
MagicSanta
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Life sucks but I'm not letting it beat me. Man I miss the pine forrest of Georgia...

The highschools these guys worked were large with lots of kids that are not street smart at all. The teachers didn't understand what was going on and since they are all paranoid about calling the police if they don't know why and the players are minorities they just let it go. From what the teacher told me the guys would win and the kids would be lined up wanting to prove they could beat them.
mota
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I was dealing in the square in 1980. It went south because they made a point to clean the area up.

The specific laws were irrelevant. The cops cracked down using whatever they wished to use for legal justification.

It doesn't matter if it sticks...very frequent trips to jail is what shut things down.

On the street the cop is the law. That is all that really matters. If it makes a comeback it will be because enforcement has relaxed...not because of any law.
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