I have often heard that if asked an LE has to disclose that they are LE if asked. Is this true? Would it be rude to ask a companion for hire if she is an LE? Hope that is not a stupid question from a newbie.
and yes, that is rude to ask; also pointless.
To avoid LE, do your research and stick to the well reviewed providers in your area.
(still not a lawyer, and no, I'm not LE)
-- Modified on 2/23/2007 1:05:28 PM
sometimes all one has to do is think about it a little bit further. guess I just wanted an easy way to screen. I appreciate your responses and actually had my first experience the other night, it was great.
I'm not an LE but my sister is about to become one, as well as I know some fellow police officers. It is required by law for them to identify themselves while on duty. However, because our government is so corrupted they feel as if they shouldn't have to and who's side do you think the judge will side with? It's like a cop told me once when busted me "My word is against yours".
Angelina
There are some situations in which police have to identify themselves. They usually must do so when executing a warrant or when taking someone into custody, for example. But there is no rule that says they must identify themselves when asked, let alone whenever they are on duty. As mrfisher pointed out, undercover work would be impossible if police had to reveal their true identities. Government curruption has nothing to do with it.
Think about this. The idea it to pretend to be something other than a cop. This would be hard to do if they always had to disclose to everyone that asked that they were police. Also dangerous if working undercover against some organised crime groups.
So no police do not have to admit to being law enforcement when working undercover, even when its just a prostitution bust.
Reminds me of an episode of Dragnet. Joe Friday was taking taking an night college course to better himself. He noticed one of his classmates carrying distribution weight weed.
Cops only have to identify themselves as cops when they are actively executing the law (performing arrests, executing search warrents, breaking down doors, etc.)
BTW, the cop's my "word against yours" excuse doesn't always work. Several years ago, I served on the jury in a murder trial. We ended up hung, but I wasn't the only one on the jury who noticed the fact the DA was angry and took him outside when the investigating detective respondeded to cross-examination saying "Well, you just have to take my word on that".
Courts have ruled for years that the police ARE allowed to lie about their profession and the reasons they have contacted you. In other words, if you're in a bar and an attractive lady approaches you and tells you she is looking for company, she does NOT have to disclose that she is an officer. She can also ALLUDE to the idea that she is "For Hire" although she cannot quote a price for a sexual act as that would be an offer of prostitution which is illegal. However, if YOU ask HER "How much?" you are screwed. NEVER discuss money with ANY lady you might be meeting for any reason.
This was the advice given to me by a criminal defense lawyer who happens to be a buddy of mine. Be carefull out there people.
"She can also ALLUDE to the idea that she is "For Hire" although she cannot quote a price for a sexual act as that would be an offer of prostitution which is illegal."
Not true. If this were how it worked, clients could be confident that any woman who quoted a price was legit. Guys who believe this may find out the hard way just how wrong they are.
Solicitation is a specific intent crime. Merely uttering the words is not enough; they have to be said with the intent to go through with the transaction. If words alone were enough then actresses who play prostitutes would commit solicitation during every rehearsal and performance.
An undercover officer posing as an escort does not intend to actually go through with the transaction, so making the proposal is not an offer of prostitution. Even if it were, police are often allowed to do otherwise illegal things while working undercover. Undercover cops buy drugs from suspected dealers all the time, but they do this in order to help build a case against the suspect. The fact that they actually exchanged money for drugs does not mean they committed a crime as long as they did it for the purpose of their job.
Thanks for clearing that up sidone. I've been under the wrong impression for a lot of years.
Where does entrapment come into play?
Imagine you're stopped at a red light. A police officer runs up to your car and orders you to drive through the intersection. You protest, but he's insistent that you MUST go through the red light. You do so. The officer writes you a ticket for running a red light. That's entrapment.
A police officer happens to be riding in your car while you're stopped at a red light. He says "c'mon, nobody's coming. You could just drive on through". You run the red light and the officer writes you a ticket. That's NOT entrapment.
Entrapment is when LE forces you to break the law. It is not when LE provides an opportunity for you to break the law.
As for prostitution: LE can offer to have sex with you for money. If you take them up on the offer and get arrested, it's not entrapment.
If an officer holds a gun to your head and demands you trade sex for money and arrests you for it, that's entrapment (among other issues).
In no way does a cop have to tell if they're LE. What a silly question. Remember, cops can lie.
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