If a client called a newer (slightly reviewed on other sites) provider with a traceable phone and made statements that could probably be construed as soliciting (after heavy pressure from the provider) but never went forward with meeting, would le bother with pursuing a charge/conviction? (if the provider was le(not likely) or working with le(possibly). Nothing has happened yet but just wondered what the chances might be. Tia.
Several lawyers writing on this board have expressed the opinon that in the case of a misdemeanor, which solicitation is, LE has to witness the act; thus this is why busts are staged in hotel rooms so often.
So relax, but stay away from providers who discuss explicit details over the phone. They well could be providers who have flipped and are trying to set you up.
At a minimum, they are not conveying the type of discretion I like to see in a provider.
governing misdemeanor arrests applies only to warrantless arrests.
LE can always arrest for solicitation if they obtain a warrant. So if the solicitee makes a complaint to LE, that would give probable cause for LE to obtain an arrest warrant.
If allowed, this is an upsetting development in terms of LE's ability to sting hobbyist, and makes it ever more so important to never discuss such details over the phone or in emails, even with a provider whom you think you know well.
Getting providers to flip is becoming a not infrequent occurance.
then in most states the arrest could be made without a warrant bc the "in your presence" requirement is usually construed to include statements heard over the telephone or by concealed listening device.
If the solicitee is not LE but is working for LE, I do not think a warrantless arrest could be made but I don't really know. But cetainly the de facto agent could report this to LE and they could get a warrant that way.
Whether there would be a potential entrapment defense would depend on whether the solicitee induced the unlawful solicitation but, as you know, entrapment is unlikely to ever be a defense to TER members because predisposition always trumps inducement.
It's getting a little too technical for me, but the only way I would be worried is if le had the line tapped. The call was very strange, she really worked to pull stuff out of me. she then called back to "verify" something, can't remember what it was. I came to believe that she had my info in her phone from another provider I had seen several months ago that she ended up being affiliated with, since gone independent. Anyway, I called her and cancelled. Not sure if she has flipped or is just stupid. Very strange. I think the whole thing scared me straight for the forseeable future.
le wouldn't go to the trouble of getting a warrant for something like this, would they? The call took place a out 10 days ago or so.
IHMO, the lady had bought or inherited a list from another provider & was trying to get a foot hold in the biz. Is it possible that LE is involved? Yes. Likely? No. I really doubt that LE would go to so much trouble unless you are a VIP or something. It's way too much work for a misdemeanor... when they can sting a dozen CL girls a day at a fleabag hotel without anywork at all. skb
You can lend your cell phone to anyone. So even if LE trapped your phone number how would they prove it was you who made the call and not someone who might have used your phone.
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