The Devil is in the details, folks...
Carvemeister -- Although I'm not current on Citizen's Arrest procedures and the like, I think there is one thing you've overlooked in your posts. People who are engaging in ticket clipping or swapping fall into two main categories, IMHO (and this is a huge generalization...): 1) Those of limited means; 2) Those of sufficient means with an insufficient or slightly askew moral compass.
Anyone falling into category # 1 is probably not going to know or be able to challenge the legality of being detained by a resort employee for a crime they have knowingly committed. # 2 may very well know, and may very well have proper representation in court. However, the local courts are most likely going to side with the resort, which means an appeals process is the only way to get off the hook. Would you or I (NOT saying we would engage in ticket clipping, just using us as an example) really bother with a lengthy (and expensive) legal battle over such a minor infraction? Let's be honest here, no one is currently sitting in the klink over a black-market ticket to Vail...In fact, I'm willing to venture that 99.99% of these incidents never even go to trial. Furthermore, how many of those #2's are going to institute a civil action against the resort or employee for allegedly being illegally detained? A very, very small #, if any...and those that do should be taken out back and shot.
When I was in college, my roomate was arrested at Stowe for using someone else's college pass. He was detained by a liftie, actually, before the fuzz arrived. He appeared in court (during the summer, no less), and was given 10 hours of community service...end of story. Granted, he fell into category # 1.
Using myself as an example of #2 -- If I get pulled over and issued a ticket for speeding (which happens, occasionally
), the farthest I'll go is to plead not-guilty and go try and cut a deal with the prosecution. Unless the ticket was issued unfairly, I'm not going as far as a trial both b/c I don't want to waste my time nor the courts. If I were caught clipping a ticket, I'd look at it the same way.