I arrange an appointment with a provider who shares a trick pad with other girls.  When I arrive at the location, the provider and I go to her bedroom and she locks the bedroom door.  While we are visiting, a vice officer comes to the same apartment to meet another provider.  He arrests the other provider inside the apartment for prostitution, or another related offense.

Questions:

Can my provider refuse to open her bedroom door unless the police have an arrest warrant or a search warrant?

Would there be any justification for exigent circumstances allowing the police to force entry into the locked bedroom?

If the police do gain entry to the bedroom, and I am just sitting there, can I be arrested?  If so, what would the charge be?

Thank you for your help.

If a search warrant were issued..it would include and define areas within the structure..It would almost be like being in a massage parlor and someone in the next room was being busted.

If what you did was past tense..ie..already pleasured..(no condom evidence)and just sittng there.. and you were over 18 years old..Where is the evidence..that would stand up !

If you were just sitting there and your provider was not undercover or underage..NO..unless the can prove beyond a reasonable doubt.. that sex was solicited..this would never fly beyond just a charge..and get thrown out..

-- Modified on 3/1/2003 2:50:07 PM

-- Modified on 3/1/2003 2:53:50 PM

Yes, the police can insist that she open the door since the whole apartment is a crime scene based on the arrest of her roomate. if she refuses they can bust down the door since they will claim that they have to rpotect themselves. This is all standard procedure.

Yes, you can be arrested even if you are just sitting there. You can be arrested, taken to the station, booked, jailed, arraigned, and given bail. You case may or may not be dismissed by the prosecutor. Even if it is dismissed you will always have the arrest and booking on your record.

Whether or not you actually are arrested is up to the police on the scene. If they want to fuck you up they will arrest you. They are not stupid. They know what you were doing there.

-- Modified on 3/1/2003 5:45:26 PM

Another thing you have to consider is that there might be charges placed on whomever the leaseholder is for running a house of prostitution or receiving the proceeds of prostitution (don't know what these type of laws are in CA, every state has different wording on these type of laws or how actively they are enforced - they are usually felonies.)

Though YOU wouldn't be a target of prostitution or solicitation charges, you could still be subpoenaed to testify against others. You would likely be given immunity (since you would be an inconsequential target), wouldn't be able to "take the 5th" and forced to tell the truth in a grand jury or criminal trial. The lady you were with could also be subpoenaed to testify about the goings on there, if what she did with her clients was prostitution and what the payment arrangements were for her to use the bedroom whe was in.

I've known of men who were forced to testify in gj investigations of massage parlors, spas and escort services. But they are often traced through their credit card usage rather than being "busted" on the scene. This is why it is crazy to use ccs and paypal. The investigators know the date, time, amount of money you spent and often you patronized the business and a path to your front door or office. Just plain dumb. Some morons even try and charge it to their company charge accts or expense it as a deduction.

Another method they use is surveillence. They watch patrons enter and leave an establishment, get their plates and pay them a little visit or follow them and pull them over. Some guys don't know their rights, get scared, intimidated and start blabbing. Remember you NEVER have to talk to the cops, detectives or investigators. SHUT UP and tell them you're going to have to consult with your attorney before you talk to them or better, just get their card and tell them you'll have your attorney call. They'll often leave you alone after that and go on to someone a little more cooperative. Don't try and talk your way out of anything, think you're being clever, or try to "get the scoop" out of curiosity. You have NO idea what kind of info they are looking for and you'll likely end up giving them a tidbit of info they'd love to come out on the witness stand. SHUT UP!!!

Like, for instance, the new coach of the U of Alabama football team.