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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 03-21-2014, 09:12 AM   #1
straightshooter30
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Default Cops and sex with prostitutes - WTF?!

Honolulu police officers have urged lawmakers to keep an exemption in state law that allows undercover officers to have sex with prostitutes during investigations, touching off a heated debate.
Authorities say they need the legal protection to catch lawbreakers in the act.

Read more: http://www.nydailynews.com/news/nati...#ixzz2wbc45rlY

http://www.nydailynews.com/news/nati...icle-1.1729144
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Old 03-21-2014, 10:51 AM   #2
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Well I am a Soldier and I think I should be allowed to do so in the name of National Security!! I wonder how that will go over in court?
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Old 03-21-2014, 03:15 PM   #3
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We were laughing about this at work. Your tax dollars going toward cops getting laid. There had to be a pay off in there somewhere. I'd be alright with it if they have to pull out and arrest her before they cum. At least the guy would have to go around and have an extra reason for being called the boys in blue.
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Old 03-21-2014, 05:35 PM   #4
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I don't know what the law is in Hawaii, but engaging in sexual conduct isn't an element of the offense of prostitution in Texas that the state is required to prove. Allowing cops to have sex with hookers to make prostitution cases is problematic, at best. What if the hooker is underage? That would open a Pandora's Box for a police department. Also, I could see defense lawyers diverting attention away from their hooker client to the arresting officer during trial. I'd surmise that Mister or Miss Juror would be appalled at the practice and could acquit defendants as a statement against it.

btw, in a free society, we should NEVER EVER NEVER allow the police to have the final say regarding police procedures. I don't want to hear any of that shit about the police know best about police matters. Power fills voids, and if the police are allowed to make policies themselves they will impose authoritarian rule. (The same is true for the military.) That's why we are a constitutional democracy with rule by a civilian authority. We need expansive, aggressive civilian oversight of the police with civilian review boards, a truly free press, real complaint procedures, legislative oversight, and monitored cameras on every fucking cop.
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Old 03-22-2014, 10:05 AM   #5
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Quote:
Originally Posted by ShysterJon View Post
I don't know what the law is in Hawaii, but engaging in sexual conduct isn't an element of the offense of prostitution in Texas that the state is required to prove. Allowing cops to have sex with hookers to make prostitution cases is problematic, at best. What if the hooker is underage? That would open a Pandora's Box for a police department. Also, I could see defense lawyers diverting attention away from their hooker client to the arresting officer during trial. I'd surmise that Mister or Miss Juror would be appalled at the practice and could acquit defendants as a statement against it.

btw, in a free society, we should NEVER EVER NEVER allow the police to have the final say regarding police procedures. I don't want to hear any of that shit about the police know best about police matters. Power fills voids, and if the police are allowed to make policies themselves they will impose authoritarian rule. (The same is true for the military.) That's why we are a constitutional democracy with rule by a civilian authority. We need expansive, aggressive civilian oversight of the police with civilian review boards, a truly free press, real complaint procedures, legislative oversight, and monitored cameras on every fucking cop.
Thanks, I was awaiting your input on this issue.
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Old 03-22-2014, 10:44 AM   #6
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Quote:
Originally Posted by ShysterJon View Post
I don't know what the law is in Hawaii, but engaging in sexual conduct isn't an element of the offense of prostitution in Texas that the state is required to prove. Allowing cops to have sex with hookers to make prostitution cases is problematic, at best. What if the hooker is underage? That would open a Pandora's Box for a police department. Also, I could see defense lawyers diverting attention away from their hooker client to the arresting officer during trial. I'd surmise that Mister or Miss Juror would be appalled at the practice and could acquit defendants as a statement against it.

btw, in a free society, we should NEVER EVER NEVER allow the police to have the final say regarding police procedures. I don't want to hear any of that shit about the police know best about police matters. Power fills voids, and if the police are allowed to make policies themselves they will impose authoritarian rule. (The same is true for the military.) That's why we are a constitutional democracy with rule by a civilian authority. We need expansive, aggressive civilian oversight of the police with civilian review boards, a truly free press, real complaint procedures, legislative oversight, and monitored cameras on every fucking cop.
If we allow the police to have powers as you state in your statement,Mr John. We might just as well throw out the whole Constitution and Bill of rights, And set up something like Nazi Germany, The USSR, or many other police states , and dictatorships.
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Old 03-24-2014, 03:05 AM   #7
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Haw. Rev. Stat 712-1207:

(1) It shall be unlawful for any person within the boundaries of Waikiki and while on any public property, to offer or agree to engage in sexual conduct with another person in return for a fee.

There's more covering the rest of the state but the contract is the crime, not the sex. Waikiki has a pretty good streetwalker scene going from about 11pm to 5am. The girls are dressed to impress. The heels are the giveaway. Was out there a few weeks ago and out for a walk around midnight. A city bus pulls up, a smoking hot girl steps out and hits the trail. Is this a great country or what, public transport for working girls.
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Old 03-24-2014, 11:36 AM   #8
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I know this little snippet has been getting a bunch of press, but if you look into it, it's not exactly as it seems on the surface.

It's basically a loophole that protects all undercover officers. The law makes it possible for undercover officers to have sexual contact with civilians if necessary to maintain their cover. The backstory is the it was not necessarily constructed with prostitution in mind. Though has been stated that it may be used in prostitution cases in order to bring down a larger crime organization.

HPD has stated that their internal policies and procedures must remain private to ensure officers' safety, but that they have policies in place that essentially prevent officers from having sex with prostitutes in order to make a misdemeanor case against them. They do, however, want to reserve the ability to legally have sexual contact to a combat larger issues like human trafficking.

While, I certainly don't want to compromise safety of officers in other types of undercover criminal investigations, like drug trafficking ones. Hardcore criminals could too easily use sexual contact as a test to see if someone was a cop. However, it doesn't make sense that this exemption needs to apply to prostitution cases. I seriously doubt it's used this way at all. I think it's a smoke screen to protect all undercover officers...
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Old 03-24-2014, 03:03 PM   #9
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Quote:
Originally Posted by LittleTex View Post
Haw. Rev. Stat 712-1207:

(1) It shall be unlawful for any person within the boundaries of Waikiki and while on any public property, to offer or agree to engage in sexual conduct with another person in return for a fee.

For now on there will be an exit fee to leave the room.
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Old 03-24-2014, 03:06 PM   #10
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Quote:
Originally Posted by LilMynx69 View Post
. However, it doesn't make sense that this exemption needs to apply to prostitution cases. I seriously doubt it's used this way at all. I think it's a smoke screen to protect all undercover officers...
I need to respond, unfortunately it Is and HAS been used to arrest Ladies for prostitution. From testimony given Friday from a defense attorney, one of His clients had sex with 3 Vice consecutively before She was arrested for prostitution. Generally, what has been going on ie
IF you are "young and pretty", you will be targeted . These are the Ladies who are having sex with Vice before being arrested. If you are older/mature and not model material, the contract alone is enough. This is what is going on.
From what the Chief of Police said, they need this exemption due to "cop checks" that the Ladies are doing. This is what He said during testimony prior to last Friday, which, after this made National news, He did not attend.
We all want to believe it is not being applied to prostitution cases yet unfortunately it is.

Aloha
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Old 03-24-2014, 03:16 PM   #11
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She was arrested as part of their desire to make a bigger felony case. Not as common practice to bust prostitutes. Which, I said, is inappropriate in any case.

I stand by my point, that while this law and it's loophole are completely inappropriate...the original point was NOT an attack on prostitution. The inappropriate part is that they are exploiting a loophole that should be closed.

Regardless, it sucks for you and the other ladies. If I was an attorney in Hawaii, I'd go after those cops with a vengeance. If not criminally, civilly. I call it rape by deception.

Stay safe! xoxo
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Old 03-26-2014, 11:33 AM   #12
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Default For Cops & LE in Hawaii, Full Penetration is OK under State Law...

http://www.foxnews.com/us/2014/03/21...h-prostitutes/

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Old 03-26-2014, 12:45 PM   #13
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http://eccie.net/showthread.php?t=1013491
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Old 03-26-2014, 02:18 PM   #14
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Multiple threads merged.
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Old 03-29-2014, 02:22 PM   #15
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Hawaii Vice can no longer have Sex or penetration yet petting, HJ and BJ are still allowed

Aloha
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