Legal Corner

Just a quick question please
NicoSuicide 5554 reads
posted
1 / 9

There is a lot of drama on the MN board about a provider allegedly work with the boys in blue.

Can an attorney, not someone that just plays an attorney on TV :), Let us all know if the police can issue you a ticket for seeing a provider with no evidence, you know what I am confused so just read the post please:

http://www.theeroticreview.com/discussion_boards/viewmsg.asp?MessageID=99856&boardID=21&page=

There is a lot to all of this but I just want to know if the police can do what madman3975 claims.

Thanks so much
Nico!
TER id 67611

marikod 1 Reviews 3006 reads
posted
2 / 9

do not really give enough facts to figure out precisely what happened.

      If you meant, can the police arrest someone for seeing a provider without evidence, the literal answer to your question is "not lawfully." But if this lady was working for LE, if she told LE she and client engaged in sex for pay, then LE could obtain an arrest warrant based on her statement and then could arrest the guy for violating prostitution laws.

       In most states, however, LE could not arrest for this crime on these facts without a warrant bc of the requirement that such misdemeanor arrests are permitted only if the crime occurs in the presence of the arresting officer.

       Something is missing from the facts since it seems they arrested him right after he left the lady, and it is unlikely they could have got a warrant that fast. Or the governing state law does not require warrantless arrests to be made in the presence of the officer for this crime.



vonrichtofenlas 15 Reviews 3241 reads
posted
3 / 9

When you are dealing with the issuance of a citation (summons) vs. an arrest, the cops generally have a huge latitude not actually intended by law.  They issue you a citation for whatever (speeding, etc) and send you on your way.  At that point, its up to YOU to fight it in court.  That 'Innocent until proven guilty' thing is a total fantasy at the misdemeanor level.  
Whats worse, even if you were totally innocent (highly unlikely I admit), you have almost zero recourse.  You can't try to sue for 'false arrest' cause - DUH - you were NOT arrested.  He just wrote you a summons.  
Life isn't fair and an unethical cop with a citation book can just about ruin yours.
MVR

NicoSuicide 4049 reads
posted
4 / 9

I just wanted confirmation if that (in my prvious post) was a possibility.

Thanks
Nico!

Morpheusman 3697 reads
posted
5 / 9

Essentially, the police can initiate any action they want. It's then up to you to challenge the legality of what they've done.

newbieguy42 26 Reviews 2679 reads
posted
6 / 9

I was wondering how I missed "all the drama on the MN board" until I realized that it is spring of 2010, not spring 2009 which is when the message you referenced is from.  I remember that thread well, and almost certain that, in the end - it was just a spat between two providers.

A few others already answered, but do you really think the police will give you a ticket without any proof?  Well they can do whatever they want I suppose, but if there is no proof you have nothing to worry about.

vonrichtofenlas 15 Reviews 3811 reads
posted
7 / 9

...a cop writes me ticket for, lets say, speeding or spitting on the sidewalk for that matter and I go to court and stand there righteously and say 'Your Honor, there is NO PROOF I did this.'  The case is thrown out and I walk.  
Yeah right.  The facts of life are, at the misdemeanor level, the judge will assume you are guilty simply because cop wrote you the citation. This comes down to he said/you said and the court will believe the officer each and every time unless you can prove you are innocent.  
No, that is NOT the way it is supposed to work, but municipal courts handling misdemeanors are just huge machines processing you through and taking your money.  
Having said all that, I beat a traffic ticket a few years ago by refusing to plead guilty.  Its a complicated story, and was in association with a not-so-minor traffic accident (two totaled cars ane one minor injury).  I had to go back to court twice and flat out refuse to plead guilty and demand trial.  Eventually the City Attorney folded his tent and it was dismissed.  Oh yeah, I had a witness in my hip pocket I kept running up his nose.  
MVR

purplewildflower See my TER Reviews 2579 reads
posted
8 / 9

That post was already called out as BS bc shes NOT.

ThisIsCaylee See my TER Reviews 3419 reads
posted
9 / 9

I had an experience where, unbeknownst to me, someone gave LE my address. I awoke to them banging on my door one morning. I know my rights, therefore I didn't open the door, however, I did call the rental office, just to make sure that THEY knew my rights too. Long story short, they had absolutely nothing on me, but were trying to convince me that they did and instead of getting a warrant and arresting me, they'd much rather just have me open the door so they could give me a citation-yet they couldn't answer the question "citation for what?"

So, is it lawful? Maybe not. But can and will they try it? YES

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