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I'm watching him and the dealer says check.


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if you were watching him, how did you not know he didnt check?

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How we were sitting I couldn't completley see his right hand which was shuffiling chips. Dealer clearly said check, so I took that as the dealer saw or heard something I didn't.

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Maybe he did see something. Its not all that unusual for a guy shuffling chips to make a tapping motion that can be construed by the dealer as a check. Since you didn't see maybe it was a player mistake and not a dealer mistake.