Legal Corner

I do outcall only. If I were to be popped, can the cops then come into my home searching for ......
GBR 42018 reads
posted

evidence...computors, and such? If so Dont they need a search warrent? How long does it take for them to get one?

TheLawyer40804 reads



In order to search your place the police or other governmental agency has to have probable cause that there is evidence  of the commission of a crime, or  the fruits of a crime, or things otherwise criminally possessed.

The Fourth Amendment to the constitution provides that: no warrant shall be issued without probable cause, supported by oath or affirmation and particulary describing the place to be searched, and the papers or things to be seized.

The first rule when talking to the police is to keep your mouth shut.  A big problem people have is that they think that if they tell the police something that they will give them a break, this is usually not the case.  The reason I say this is because you could say something that will give them probable cause to search your place or give them consent to search it and that would allow them to search it.

aries4135947 reads

years ago while working a night job as a driver for a medical lab, i was stopped by the police 2-3 times a week. had long hair that put me in a profile that gave them probale cause. a couple of times they asked to search the vehicle. i told them i didn't think they had probale cause, the said they did and all i could do if they found anything was have my lawer file a motion to supress what was found and the judge might rule for or againest me and that it would cost around 1500 dollars to file and that they could pretty much do anything they wanted to. this took place in tustin, ca. (5 and redhill). i quit that job shortly after this and moved.

Alpha-Dog36008 reads

Short answer: YES.  

A search warrant can be obtained very quickly.  If you are popped on outcall you just GAVE the cops probable cause to search your home for additional evidence.  If you have a computer at home it will likely be taken away for analysis.  Likewise, any client records you keep on paper will be taken.  Your address book will likely be taken, as will any other diaries, record books etc. Any large amounts of cash lying about your home will also likely be taken as evidence.

If you get popped on a Saturday evening, it is unlikely the cops would be able to get a search warrant before Monday morning. But if they want a search warrant, they won't have a problem getting one. Your 4th Amendment rights against unreasonable searches and seizures won't keep them out of your home, although with a good attorney you might be able to cause the cops some legal problems later in court if they don't follow correct constitutional and legal procedure....

I do believe, however, that notwithstanding the above, outcall is safer for the provider than incall.

Sincerely
Alpha-Dog

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