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

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Old 04-23-2019, 09:52 PM   #1
Hobby1750
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Default If I get pulled over...

... and the officer says he saw me leave the motel. He asks if I just saw a prostitute...

If I say yes, can I be arrested? There's no video evidence. Just my own admission. Or would he say, "Thank you for being honest. You shouldn't be seeing those women. Have a good day."
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Old 04-23-2019, 10:30 PM   #2
Fizley
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A teacher of mine once said "when It comes to the cops, and you have committed a crime"..."shut the FUCK UP!" The burdon of proof now shifts to the officer.

Probable cause is the key issue in the arrest process. The police need probable cause to make an arrest or obtain an arrest warrant from a judge.

To establish probable cause, police officers must be able to point to objective circumstances leading them to believe that a suspect committed a crime. A police officer can’t establish probable cause by saying only something like, “I just had a hunch that the defendant was a with a Prostitute because he was in the parking lot.” There are any number of reasons you might be in the parking lot. Let the cops prove why you were there...

In general, probable cause requires more than a mere suspicion that a suspect committed a crime, but not as much information as would be required to prove the suspect guilty beyond a reasonable doubt.

Just my limited two cents.
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Old 04-23-2019, 11:22 PM   #3
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Thank you. But if I agreed to the officers question and admitted yea, I was there to see a prostitute, does that give him grounds for arrest? Is that why he asked? It was an unmarked car, and two officers.
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Old 04-24-2019, 03:01 AM   #4
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By merely being in the area, no it's not proble cause, however We are dealing with multiple state laws that can vary state to stat. In most states the you must actively seek and make an offer and engage in sex for money (or other compemsation.). Below is Nolo definition of solicitation:

Solicitation occurs whenever a person uses words, actions, or any type of conduct in an attempt to engage in an act of prostitution. The law does not require you to actually engage in the intended conduct, and anyone who simply offers to engage in sex for money -- or any other kind of compensation -- has committed solicitation of prostitution. However, the solicitation actions must go beyond simple displays, availability, or common communications. You must openly seek to engage in prostitution in order to be convicted of solicitation of prostitution. Solicitation can also mean any overt attempt to entice or induce another person to commit prostitution.

The question from OP is I just saw a Prostitute and then got pulled over and admitted to committing a crime. That would be probable cause for an arrest as he just admitted to exchange $$ for sex.
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Old 04-24-2019, 08:25 AM   #5
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Thank you. Glad I didn't say anything.
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Old 04-24-2019, 08:41 AM   #6
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Remember this , Officer I don't know what your taking about " be nice , and I have a meeting at so write the ticket I have to go. If le can arrest you they will if not be nice and keep your "pie hole shut "
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Old 04-24-2019, 01:48 PM   #7
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If you say that you were with a prostitute you are admitting guilt to a crime. Tell the cop that you were fucking a friend and it is none of their God damned business.
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Old 04-24-2019, 02:01 PM   #8
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If the cop asks if you murdered someone and you say "Yes" do you think that is enough to arrest you?
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Old 04-24-2019, 04:30 PM   #9
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Quote:
Originally Posted by B Three View Post
If the cop asks if you murdered someone and you say "Yes" do you think that is enough to arrest you?
To arrest you Yes! You just confessed to a crime. To convict You. ...No.
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Old 04-24-2019, 04:39 PM   #10
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Of course not, but he didn’t ask that question, lol.
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Old 04-24-2019, 05:17 PM   #11
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"Years ago I saw a prostitute once, so to your question, officer, I must answer yes".

"Now that you mention it, though, looking down the street, that looks like it could be another prostitute that I can see with my eyes right now"

"Am I free to go officer?"
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Old 04-25-2019, 02:52 PM   #12
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I think we need to repost this link every 3 months or so. Everyone here should watch it. Watch it all the way through, twice if necessary. Then go back every so often and watch it again as a refresher.
https://www.youtube.com/watch?v=d-7o9xYp7eE
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Old 04-30-2019, 10:41 AM   #13
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Tell the pig to write your traffic citation
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Old 04-30-2019, 12:53 PM   #14
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It seems to me to be common sense that you don’t say anything. That’s what you pay lawyers for. Why were you pulled over? I lived in motels for 10 months a year for 8 years. I wasn’t pulled over for leaving one ever.
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Old 05-04-2019, 08:55 PM   #15
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Not sure why I was pulled over. The bs reason: "Your tire touched the line." When they asked where I was coming from, and I said dinner with friends, but they kept asking "And after that..." and then hit me with, point-blank, "Were you seeing a prostitute?", I knew then this wasn't going to be any old traffic stop.

Fortunately, or not, I have quite a bit of experience being pulled over and interacting with law enforcement. I'm not intimidated as I know I have nothing illegal on me or in me. Other than the hobby and eccie posting guidelines, I try to follow the rules and not make waves.

Two officers then a third joined. An unmarked car pulled me over. I offered to step out of the car and be searched. It's about midnight and I'm standing behind the car on the roadside while this conversation is happening. The two officers, a male and a female, said they'd arrested people for drugs from that motel, and that they were working with the ownership.

I knew this was a bluff. I also knew my rights, and quoted to the officer part of the Miranda Rights, "what you say can and will be used against you." The officer responded he didn't need to say them. I said doesn't matter, it still applies. The officers asked at least 30 times why I was at the motel. "I was making a phone call in the lot...I was taking a nap in my car...I wasn't even at the motel."

They asked why I was lying. I said lying isn't against the law. (Only afterwards did I think to add, "because if it were, my ex would be serving life.") I said since they pulled me over for a traffic stop, answering irrelevant questions isn't necessary. (I figured I wasn't committing obstruction of justice, since I complied with the traffic stop.)

The officers weren't threatening me with arrest - they didn't seem to be trying to intimidate me. They borderline seemed amused. They seemed more perplexed I wasn't simply telling them, "Yeah, I just saw a hooker. No big deal."

"Just tell us the truth. Why are you lying to us?"

I asked if I'm being charged with anything, and am I free to go, they say no, I'm under suspicion. I didn't suspect they had any probable cause for anything at this point - I even offered to take sobriety tests, which they didn't bother with.

They asked twice to search my car. First time I denied the request. I calculated what I had in the car, and knew I'd be okay, so finally consented.

They found a legal knife, a legal prescription for a controlled substance, and generic viagra. I denied knowing what it was, saying it was caffeine pills.

The female officer immediately knew it was viagra, "This is Viagra. Good for you," she says. Not sure what she meant by that. "Uh no, I think it's generic caffeine."

They confirmed it was legal generic viagra. "Why didn't you just say it was Viagra?"

They give me all my "contraband" back, and tell me to "just go, get out of here." Their parting words were: "We know you were seeing a prostitute, should have just admitted it, bye."

Only penalty was a few mosquito bites to the face. Otherwise, a funny story. (Until my "Kraft" tapes come out, although doubtful. This isn't Florida. But if it were, "Yeah, fuck it, go right ahead, publicly release the tapes. I request you do!")
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