Quote:
Originally Posted by Jimmie
Nobody mentioned that most solicitation cases are classed as misdemeanors. In Texas, a licensed peace officer has to witness the misdemeanor occur to make a lawful arrest. The "suspicious person in a suspicious place" argument is not enough to justify PC to make a lawful arrest.
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You make three assertions, all false under Texas law. First, "solicitation" is not synonymous with prostitution; "solicitation" is one of the four ways a defendant can commit prostitution in Texas:
Texas Penal Code Sec. 43.02. PROSTITUTION.
(a) A person commits an offense if he knowingly:
(1)
offers to engage,
agrees to engage, or
engages in sexual conduct for a fee; or
(2)
solicits another in a
public place to engage with him in sexual conduct for hire.
(b) An offense is established under Subsection (a)(1) whether the actor is to receive or pay a fee. An offense is established under Subsection (a)(2) whether the actor solicits a person to hire him or offers to hire the person solicited.
(c) An offense under this section is a Class B misdemeanor....
Texas Penal Code Sec. 43.02 (emphasis above is mine).
Accordingly, ALL solicitation cases are misdemeanors, not "most," as you assert.
Second, in Texas, a licensed peace officer does NOT have to witness a misdemeanor to make a lawful arrest therefor. That's absolutely untrue. For example, today in Texas hundreds, if not thousands, of suspects will be arrested for the offense of misdemeanor assault-family violence based on a report by a complaining witness and objective signs of injury without a cop being present during the incident.
Finally, you assert: "The 'suspicious person in a suspicious place' argument is not enough to justify PC to make a lawful arrest." I don't think any argument constitutes probable cause. I think you mean evidence. While it's true that merely being in a whorehouse shouldn't be PC to support an arrest for prostitution, it would be enough to support a charge of what's commonly called "manifestation of prostitution," a Class C misdemeanor, which is basically being where prostitution takes place.
In Fort Worth, for example, the following provision is in the city's Code of Ordinances:
§ 23-11 LOITERING FOR PURPOSE OF PROSTITUTION.
(a) A person commits an offense if he or she loiters in a public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifested is that such person is a known prostitute or panderer, repeatedly beckons to, stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture. No arrest shall be made for a violation of this subsection (a) unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violating this section if it appears at trial that the explanation given was true and disclosed a lawful purpose.
(b) For the purpose of this section, a KNOWN PROSTITUTE OR PANDERER is a person who, within one year previous to the date of arrest for violation of this section, has, within the knowledge of the arresting officer, been convicted of prostitution, promotion of prostitution, aggravated promotion of prostitution or compelling prostitution. The definition of prostitution in the State Penal Code shall apply to this section.
(c) Any person violating the provisions of this section shall be guilty of a misdemeanor and punished by a fine not to exceed $500.
City of Fort Worth, Texas, Code of Ordinances, ch. 23, sec. 23-11.
