DonaldDuck
New Member
A man answered an ad for an escort. The man was invited to meet the escort at a hotel. The man arrived, knocked on the door and was invited in by the "escort". Of course, the escort was really an undercover officer. The officer repeated asked the man, "What do you like.? The man did not answer the question with anything sexual. The only specific answer the man gave was "companionship"
The officer did ask for the agreed on amount for the visit and the man handed her the money. The officer put the money down on a table, and once again asked the man what he liked to do. The man felt uneasy, picked up the money and said that he would like to leave. Several officers entered the room and arrested the man as he was on his way out. A male officer that entered the room handcuffed the man and told him his rights. Other than providing indentification, the man took the 5th from this point foward.
Questions: Does the man have a good change of beating this charge?
1. The man was arested for loitering after being invited a private place (a hotel room). In other words, the man was
there by invitiation and did not loiter (delay or dally) in a public place.
2. The man had no prior crimal record, other than a few trafic tickets.
There was no known prostitute or know panderer involved.
3. At no time did anyone (nor the internet advertisement) mention anything sexual.
4. The arresting officer of record did not afford the man a opportunity to explain his conduct as required by the last
section of the law.
5. Bottom line, the law as written does not fit the circumstances of the arrest.
This is the law for which the man is being charged:
Loitering to solicit prostitution.
Loitering to solicit prostitution.
(a)
For purposes of this section, a known prostitute or panderer is any person who, within one year prior to the date of arrest for violation of this section, has, within the knowledge of the arresting officer, been convicted of violating any law defining and punishing acts of soliciting, committing, or offering or agreeing to commit prostitution.
(b)
As used in this section, the term "prostitution" means an act of sexual intercourse or sodomy between two persons, not married to each other, in return for the payment of money or other valuable consideration by one of them, or for favors.
(c)
No person shall loiter in or near any street or public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. Circumstances which may be considered in determining whether such purpose is manifested include but are not limited to the following:
(1)
That such person is a known prostitute or panderer.
(2)
That the person repeatedly beckons to, stops or attempts to stop passersby, or engages passersby in conversation.
(3)
That the person repeatedly stops or attempts to stop motor vehicle operators by hailing them or gesturing to them.
(d)
No arrests shall be made for violation of this section unless the arresting officer first affords the suspected person an opportunity to explain his conduct, and no one shall be convicted of violating this section if it appears at the trial that the explanation given was true and disclosed a lawful purpose.
The officer did ask for the agreed on amount for the visit and the man handed her the money. The officer put the money down on a table, and once again asked the man what he liked to do. The man felt uneasy, picked up the money and said that he would like to leave. Several officers entered the room and arrested the man as he was on his way out. A male officer that entered the room handcuffed the man and told him his rights. Other than providing indentification, the man took the 5th from this point foward.
Questions: Does the man have a good change of beating this charge?
1. The man was arested for loitering after being invited a private place (a hotel room). In other words, the man was
there by invitiation and did not loiter (delay or dally) in a public place.
2. The man had no prior crimal record, other than a few trafic tickets.
There was no known prostitute or know panderer involved.
3. At no time did anyone (nor the internet advertisement) mention anything sexual.
4. The arresting officer of record did not afford the man a opportunity to explain his conduct as required by the last
section of the law.
5. Bottom line, the law as written does not fit the circumstances of the arrest.
This is the law for which the man is being charged:
Loitering to solicit prostitution.
Loitering to solicit prostitution.
(a)
For purposes of this section, a known prostitute or panderer is any person who, within one year prior to the date of arrest for violation of this section, has, within the knowledge of the arresting officer, been convicted of violating any law defining and punishing acts of soliciting, committing, or offering or agreeing to commit prostitution.
(b)
As used in this section, the term "prostitution" means an act of sexual intercourse or sodomy between two persons, not married to each other, in return for the payment of money or other valuable consideration by one of them, or for favors.
(c)
No person shall loiter in or near any street or public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. Circumstances which may be considered in determining whether such purpose is manifested include but are not limited to the following:
(1)
That such person is a known prostitute or panderer.
(2)
That the person repeatedly beckons to, stops or attempts to stop passersby, or engages passersby in conversation.
(3)
That the person repeatedly stops or attempts to stop motor vehicle operators by hailing them or gesturing to them.
(d)
No arrests shall be made for violation of this section unless the arresting officer first affords the suspected person an opportunity to explain his conduct, and no one shall be convicted of violating this section if it appears at the trial that the explanation given was true and disclosed a lawful purpose.
