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

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Old 03-15-2011, 08:20 PM   #1
nifwolley1
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Default Ever had a cop call you from a providers phone?

Been lurking for a while , wonderful site! Serious question here. Hopefully someone knows the answer. Can the cops take a known providers cell phone and start texting to get you to come over? When you dont, they then start texting about what "we've" done in the past. Once you have replied, they (the cops) then call you and say they caught you for solicitation. And they want to meet or come over and talk. How is this legal? Isn't that entraptment. How can you be caught when nothing was witnessed? Can they come to your house? I am very curious here. Please help.
Thanks
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Old 03-15-2011, 08:34 PM   #2
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Moved to the right section, this is not an alert.
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Old 03-15-2011, 08:55 PM   #3
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Quote:
Originally Posted by nifwolley1 View Post
Been lurking for a while , wonderful site! Serious question here. Hopefully someone knows the answer. Can the cops take a known providers cell phone and start texting to get you to come over? When you dont, they then start texting about what "we've" done in the past. Once you have replied, they (the cops) then call you and say they caught you for solicitation. And they want to meet or come over and talk. How is this legal? Isn't that entraptment. How can you be caught when nothing was witnessed? Can they come to your house? I am very curious here. Please help.
Thanks
Legal or not, use a disposable prepaid cell.. then tell the cop the following : "Gee officer, the cell phone you have been calling is a prepaid with no REAL info linked to it.. Oh, and btw, there is no GPS so tracking me will be quite impossible.. however, now that I know YOU are using a provider's phone and (if he gave you his name) I am going to post your info on a website so others are warned....."

Or I would tell him I would meet him out in BFE .. like Baytown or something.

Make him drive out some place for no reason..
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Old 03-15-2011, 11:53 PM   #4
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Originally Posted by Spirit13 View Post
Legal or not, use a disposable prepaid cell.. then tell the cop the following : "Gee officer, the cell phone you have been calling is a prepaid with no REAL info linked to it.. Oh, and btw, there is no GPS so tracking me will be quite impossible.. however, now that I know YOU are using a provider's phone and (if he gave you his name) I am going to post your info on a website so others are warned....."

Or I would tell him I would meet him out in BFE .. like Baytown or something.

Make him drive out some place for no reason..
Interesting question. First off the Police Have to have Probable Cause to arrest you for a crime or one you are about to commit. what you have described probably could happen, and maybe it has. When it comes to Drug stings and Prostitution stings the Police can use just about any degree of underhanded tactics to make an arrest and have it get to court and they do. Judges don't really regulate much of the legality in those two crimes. The reason being they wouldn't get many arrests or any at all for that matter. Now heres the deal. The Sting type take down operation is set up by the Police and approved by the court there is an understanding by Judges that some degree of Entrapment is going to be committed. Now a single Officer trying to make a Prostitution case using such tactics without the knowledge of the Police Dept and the Court system then it would be entrapment. So the bottom line is if you are being questioned, text, ect by police in lieu of a Sting Type Operation, entrapment is really not considered.
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Old 03-16-2011, 06:18 AM   #5
Capt. Lincoln F. Stern
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Originally Posted by acp5762 View Post
Interesting question. First off the Police Have to have Probable Cause to arrest you for a crime or one you are about to commit. what you have described probably could happen, and maybe it has. When it comes to Drug stings and Prostitution stings the Police can use just about any degree of underhanded tactics to make an arrest and have it get to court and they do. Judges don't really regulate much of the legality in those two crimes. The reason being they wouldn't get many arrests or any at all for that matter. Now heres the deal. The Sting type take down operation is set up by the Police and approved by the court there is an understanding by Judges that some degree of Entrapment is going to be committed. Now a single Officer trying to make a Prostitution case using such tactics without the knowledge of the Police Dept and the Court system then it would be entrapment. So the bottom line is if you are being questioned, text, ect by police in lieu of a Sting Type Operation, entrapment is really not considered.
Yes but the OP stated that the cop wanted the guy to come in so they (the police) can speak to him about solicitation...... as in a cop wants you to come to HIM so he can arrest you? I think not.

I would set the cop up using my non traceable phone (got me one from one of those stores) which does not have GPS.. best he can do is get court orders to range in on where I WAS when I called... and all that tells him is I was in that area... big deal.

Cop tells me to meet him so he can give me a hard time..... my reply is this "well I am on my way to San Antonio, meet be there for coffee" in which case I then go change the number on the phone and go about life.
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Old 03-16-2011, 08:21 AM   #6
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No tell the cop to meet you at so and so and tell him you will bring the pizza and beer and for him to bring the hookers and you will be they in a hour.
Then in a hour call are text him that you got hung up in traffic and it will be about 45 more min. Then call are text him back and make sure he is still they and tell him if your that stupid to still be they to go fuck himself and say happy hunting dumb ass and then throw you phone away and go get a new one.

He gets mad you get a good laugh out of the deal.
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Old 03-16-2011, 08:41 AM   #7
Maggie McNeill
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...which is exactly why you don't make an appointment with someone without hearing his or her VOICE on the phone (http://www.eccie.net/showthread.php?t=189066). I will never comprehend how anyone can entrust his or her safety to a freaking teenage fad like text messaging.
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Old 03-16-2011, 11:25 AM   #8
topsgt38801
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If they call me to come in, my best response would be come and get me if you can find me!

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Old 03-16-2011, 11:25 AM   #9
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I agree NEVER book or confirm an appointment through TEXT or EMAIL anything can be hacked or compromised.
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Old 03-16-2011, 11:49 AM   #10
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Quote:
Originally Posted by nifwolley1 View Post
Been lurking for a while , wonderful site! Serious question here. Hopefully someone knows the answer. Can the cops take a known providers cell phone and start texting to get you to come over? Yes. How's this any different than posing a vice officer as a streetwalker? When you dont, they then start texting about what "we've" done in the past. Once you have replied (hope you didn't text anything too incriminating in reply and that you were using a hobby phone not connected to your true identity!), they (the cops) then call you and say they caught you for solicitation. And they want to meet or come over and talk. How is this legal? The proper question if you're trying to defend yourself from a criminal charge is how is this illegal. Isn't that entraptment. No. No one put a gun to your head and made you commit a crime. How can you be caught when nothing was witnessed? She testifies against you; you admit it; etc. Can they come to your house? Yes. I am very curious here. Please help.
Thanks
I've tried to answer your questions above, but have some other thoughts on your situation. First, I'm very skeptical that the cops are going to go to the trouble of going to your house for what sounds like a very weak, at best, prostitution charge that they could probably only make stick by getting you to incriminate yourself (or maybe you've already done that by text???). I'm even a little surprised they would go to the trouble of texting you and trying to get an admission from you, but I suppose that's possible (are you sure it's not just someone jacking with you?). But, I don't think anything you've describe is entrapment. My advice would be to never contact that number again and ignore any phone calls or texts received from that number. If by some freak chance the cops actually show up to talk with you, I'd STFU and ask for a lawyer.
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Old 03-16-2011, 03:00 PM   #11
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Shackleton I agree with STFU about anything illegal, But I think I would still yank there chain and try to send them on a wild goose chase.

Texting somebody anything that has to do with anything illegal is dumb, plus I don't think they are going to get a wire tap for somebody trying to rent pussy for one are two hours unless they have more than that going on.
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Old 03-16-2011, 03:16 PM   #12
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In the mid 80's, I got a call from a couple local DA investigators re a San Antonio Madam I got friendly with who was busted. i told them I didnt want to talk with them. Thirty minutes later they are in my office telling my receptionist they want to see me.

Learned my lesson. Anonymous hobby phone. NO personal private info as part of anyone's screening process.
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Old 03-16-2011, 03:16 PM   #13
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Default It is possible.

No entrapment laws in Texas.

I have had to depend on texting because my phone was shut off but I do not send graphic texts. I don't allow graphic talk by email either.



Quote:
Originally Posted by nifwolley1 View Post
Been lurking for a while , wonderful site! Serious question here. Hopefully someone knows the answer. Can the cops take a known providers cell phone and start texting to get you to come over? When you dont, they then start texting about what "we've" done in the past. Once you have replied, they (the cops) then call you and say they caught you for solicitation. And they want to meet or come over and talk. How is this legal? Isn't that entraptment. How can you be caught when nothing was witnessed? Can they come to your house? I am very curious here. Please help.
Thanks
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Old 03-16-2011, 05:55 PM   #14
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Quote:
No tell the cop to meet you at so and so and tell him you will bring the pizza and beer and for him to bring the hookers and you will be they in a hour.
Then in a hour call are text him that you got hung up in traffic and it will be about 45 more min. Then call are text him back and make sure he is still they and tell him if your that stupid to still be they to go fuck himself and say happy hunting dumb ass and then throw you phone away and go get a new one. He gets mad you get a good laugh out of the deal.
TFF...or just NCNS! (lol)
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Old 03-16-2011, 06:06 PM   #15
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Originally Posted by topsgt38801 View Post
If they call me to come in, my best response would be come and get me if you can find me!

Top
To help you keep it simple...... Don't text back.... not real ...... It could be anyone.....including a jealous person.... or advertiser trying to fish info. to see if you respond........
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