Las Vegas is known for its sunny, hot weather. That means pool parties. It also means security guards patting down patrons at the entrances and finding drugs – leading to detentions and prosecutions.
Patrons that make it through the checkpoint are watched like hawks by security for any alcohol-fueled nudity, sex acts, or fights – leading to more Las Vegas arrests and criminal charges.
Ten popular adult pool party venues in Las Vegas include:
- Ayu Day Club at Resorts World
- Aria’s Liquid
- Beach at Dream Downtown
- Cosmopolitan’s Marquee Dayclub
- Cromwell’s Drai’s Beachclub
- Encore Beach Club Pool (EBC Pool)
- Flamingo’s Go Pool
- M Resort’s DayDream Pool Club
- MGM Grand’s Wet Republic Ultra Pool
- Mirage’s Bare Pool Lounge
- Sapphire Pool
In this article, our Las Vegas criminal defense attorneys answer frequently-asked questions about Nevada pool party arrests.
Las Vegas adult pool parties are the site of many drug arrests.
1. Are staff allowed to detain and search me at a Vegas pool party?
Pool party staff and casino security guards in Las Vegas hotels work closely with law enforcement, but they are not police officers. Therefore, pool security guards are not required to abide by the United States Fourth Amendment‘s protections against unreasonable searches and seizures.
Even though staff are not police, they can make a citizen’s arrest if:
- They witness you committing a misdemeanor; or
- They reasonably believe you committed a felony
The staff must use no more force than necessary to arrest and detain you until the Las Vegas Metro Police arrive. If the staff believe you are dangerous, they could probably search you and seize any weapons.
Pool security guards are not allowed to violate your civil rights. So if they overstep their bounds, you can file civil claims and possibly a police report. You could even sue the establishment as well.
2. What crimes are people arrested for at pool parties?
2.1. Drug crimes
Some pool party patrons let loose not only by drinking but also by using controlled substances such as cocaine, ecstasy, marijuana, and methamphetamine. Some take advantage of the crowds to sell drugs as well. Five common charges you face include:
- Drug possession (NRS 453.336): Carrying drugs can be a category E, D, C, or B felony, depending on the drug’s schedule and quantity and whether you have prior convictions. As a first-time offender, you may be able to get the charge dismissed by completing a diversion program.
- Possession of drug paraphernalia (NRS 453.566): Possessing drug supplies such as bongs or roach clips is a misdemeanor, carrying up to six months in jail and/or up to $1,000 in fines. Courts usually accept community service in lieu of fines.
- Possession for sale (NRS 453.337): Possessing drugs for the purpose of selling them is a category D, C, or B felony. Penalties depend on the type of drug and whether you have past convictions. A first-time offense carries one to four years in Nevada State Prison and possibly up to $5,000 in fines.
- Selling drugs (NRS 453.321): Selling drugs is always a category C or D felony, depending on the drug and your criminal history. Probation is possible if you are a first-time offender. Maximum penalties are 15 years in state prison and $20,000 in fines.
- Marijuana possession (NRS 453.336): Consuming marijuana in public carries a $600 fine. Meanwhile, all other marijuana crimes are punished the same as other schedule I substances
2.2. Battery
It is not uncommon for fistfights to break out at pool parties. People are inebriated and short-tempered from the hot temperatures.
As long as there are no weapons or substantial bodily harm, battery (NRS 200.481) is just a misdemeanor. The penalty is:
- Up to 6 months in jail, and/or
- Up to $1,000 in fines
Otherwise, battery is prosecuted as a felony.
Public intoxication is not a Nevada crime.
2.3. Indecent Exposure
Nevada law prohibits people from exposing their — or other people’s — genitalia or anus. Examples include flashers, exhibitionists, or pulling off the clothes of someone else in public.
According to the Nevada Supreme Court, NRS 201.220 does not prohibit going topless. Though some pool party venues do require bikini tops.
A first-time conviction of indecent exposure (NRS 201.220) is a gross misdemeanor, carrying:
- Up to 364 days in jail and/or
- Up to $2,000 in fines
You are also required to register as a sex offender.
2.4. Open or gross lewdness
Open or gross lewdness (NRS 201.210) is a broad crime. It comprises either of the following actions:
- Nonconsensual sex acts not amounting to rape: An example is groping another patron against their will.
- Sex acts done in public: An example is a couple having sex in their cabana, which other patrons can see into.
A first-time conviction is a gross misdemeanor, carrying:
- Up to 364 days in jail and/or
- Up to $2,000 in fines
You are also required to register as a sex offender.
2.5. Breaching the peace
Public intoxication is not a crime in Nevada except on federal land. Though being drunk at pool parties often leads to citations for breach of peace (NRS 203.010). Also called disorderly conduct, this catch-all offense comprises any deliberate noisy or disruptive behavior. Examples include:
- Challenging another pool patron to a fight for taking his lounge chair.
- Incessantly screaming at a server for bringing the wrong drink.
- Lying drunk in front of the steps to the pool, blocking other patrons from moving freely.
Disorderly conduct is a misdemeanor, carrying:
- Up to 6 months in jail, and/or
- Up to $1,000 in fines
3. Where do police take people who have been arrested?
It depends on the alleged crime.
For trespass or disorderly conduct, the police probably will not take you anywhere. They will likely just issue a citation with a fine. Then you will be ordered to vacate the premises.
Though for drug-, sex-, or violent crimes, you will be transported to the Clark County Detention Center for booking. In most cases, you can be released on bail.
4. What are common defenses?
The best way to fight criminal charges turns on the specific offense:
| Las Vegas pool party crimes | Common defenses |
| Drugs |
|
| Battery |
|
| Indecent exposure |
|
| Open or gross lewdness |
|
| Disorderly conduct |
|
Prosecutors often rely on surveillance video as evidence. Though the video may be grainy and unclear – especially at night.
Furthermore, eyewitnesses frequently have conflicting memories of what happened. This is especially true if they were drinking.
The prosecution bears the burden to prove guilt beyond a reasonable doubt. If they cannot meet this burden, the charge may be dismissed.
5. Do I need a lawyer?
Anyone charged with a crime is advised to hire private counsel. The stakes are too high.
Not only do you risk incarceration and high fines. A criminal record could cause you to lose your job. Plus future employers may disqualify you right away.
A skilled lawyer knows to scrutinize the state’s case for weaknesses and holes and law enforcement misconduct. Also, prosecutors are more likely to lessen felony charges to misdemeanors or even full dismissals when you are represented by private counsel.
Call our DUI and criminal law firm for legal advice and general information.
Arrested or cited at a Las Vegas pool party? Our Las Vegas criminal defense lawyers may be able to get the charges reduced to lesser offenses or dismissed completely.
Our criminal defense lawyers offer free consultations on your legal options. Our law office is based in Las Vegas, NV, but we have client relationships throughout the state.
Also see our article on Las Vegas nightclub arrests and crimes.
Helpful Links
- Vegas.com Pool Parties
- Las Vegas Tourism – Ultra Pools
- Las Vegas Metropolitan Police Department (LVMPD) – 400 S M.L.K. Blvd, Las Vegas, NV 89106 / (702) 828-3111
- Regional Justice Center – 200 Lewis Ave., Las Vegas, NV 89101
- Las Vegas Municipal Court – (702) 382-6878
- Las Vegas Justice Court – (702) 671-3116