Legal Corner

Okay, Big Papa......I found the case I referred to yesterday.
mbsouthpaw 16 Reviews 36721 reads
posted

Armendariz v. Foundation Health Psychecare Services, 24 Cal.4th 83, 6 P.3d 699, 99 Cal. Rptr.2d 745 (2000).  Different person.  Marybeth Armendariz was employed at a healthcare facility, not as a police officer.  Sorry about that.  Still, a very interesting opinion...if the enforceability of mandatory arbitration clauses in employment contracts is a matter of interest to you.

I think this is an excellent article (see link) and worth the read.
It is oriented toward providers, but we can all learn something from it.

You may be surprised at the "COMMON MISCONCEPTIONS"

For example...

* A POLICE OFFICER HAS TO TELL ME HE IS A COP IF I ASK HIM, RIGHT? NO, NO, NO! Cops have complete immunity to lie to you - because if that is all we had to do to protect ourselves, cops would never make any arrests! Furthermore, in some states he can legally get undressed and actually have sex with you and still arrest you! In other states where it is not legal for him to have sex with you first, but he does anyway, when he gets on the witness stand, he will lie and the judge and jury will believe him, not you! It isn't fair, but that's the way things are. So, don't think you are safe from arrest just because he has sex with you.

http://www.freedomusa.org/coyotela/arrested.html

I have seen her name in the news before. I believe she was an LAPD officer at one time. She also ran for political office. Very well written and very ACCURATE. The information is true and correct and I am glad to see it here for everone to read....

not a sworn police officer. She was a dispatcher and/or meter maid who later became a call girl.  She got arrested when she tried to recruit a fellow dispatcher/meter maid to also become a call girl.  She has since become an advocate for legalizing/decriminaliing prostitution.

-- Modified on 5/26/2002 7:31:46 PM

GirlPointOfView38095 reads

Either way, that articla was very informative

involving a party named Almodovar, or something like that.  It involved mandatory employee arbitration agreements.  Different party, I presume?

Armendariz v. Foundation Health Psychecare Services, 24 Cal.4th 83, 6 P.3d 699, 99 Cal. Rptr.2d 745 (2000).  Different person.  Marybeth Armendariz was employed at a healthcare facility, not as a police officer.  Sorry about that.  Still, a very interesting opinion...if the enforceability of mandatory arbitration clauses in employment contracts is a matter of interest to you.

The author of this article is definitely an advocate of legalizing the hobby.. however, she is biased when discussing the judicial system and has listed some inaccurate points.

For instance, I don't know of any statute (or police procedure) where it states a cop can have sex with you and then arrest you. I could be wrong, but she lists "in some states" this is legal... however, she never lists which ones specifically.  This is usually a sign of someone talkng before researching.

Fighting your case all the way to trial in hopes that we will overrun the courthouse, rack up the government's bills and therefore make it too costly for LE to arrest people  is the biggest fantasy of all time!!  Never gonna happen folks!

Every lawyer will tell you that you have a strong case and convince you to fight it to it's fullest.  Remember, they charge by the hour.  Taking a case (prostitution is only a misdemeanor remember) all the way to trial will take up many hours he can bill you for.  When you're out of money... then he'll make a plea with the prosecutor.

She quotes.."The court must notify your attorney of anything that is important to your case, so don't worry that the police or the court can do anything to you without letting your attorney know first."  Wrong.  She has confused "discovery" with arrest procedures.  Your attorney is allowed to see all records and files concerning your case... but they don't have to be contacted and asked permission for police actions before they take place.  YOU must assert your right to an attorney or to have him present during any contact with police. Also, you DON'T have a right to an attorney at the time of your arrest.  This is something "hollywood" has exaggerated for the sake of drama and entertainment.

She lists that you don't have to provide your true name to the police.  At the time of arrest YOU DO.  Failing to do so will bring charges of Obstructing a Police Officer.  LE can hold you in jail as long as they need (without allowing you to bond out) to verify that you are who you say you are.

She lists that recordings made by you cannot be used in court.  Wrong again.  Any recorded conversation is perfectly legal in court as long as at least one person actively involved in that conversation, gives consent for it to be recorded.  For instance, I can record my conversation with you without your knowledge... but I can't record your conversation with someone else without either of you knowing about it.

The article is full of valid points, but also of invalid ones.  The best thing for you to do is research the laws IN YOUR AREA. Speak to an attorney, IN YOUR AREA, about how to protect yourself.  Also, watch some of these reality based police shows (I'm not talking about NYPD Blue... I mean like COPS, The New Detectives etc...) and watch the tactics of LE.  Knowing the law is helpful one you've been arrested... but knowing police tactics can alert you on how to KEEP from getting arrested.

Take care

Thomas Jenkins

gumby00738737 reads

It's a good article. But, many of the statements are not suported by fact. The author even states that the article is opinion. It's a good guideline for providers though. I just don't like unsubstantiated print.

If there's something in the article that you have a question about, here's a place to raise it and ask for clarification and substantiation.  The author stated it was her "opinion" in order to make the point that she is not dispensing legal advice, for which one should hire an attorney.

Be careful, in many states it is NOT legal to record a conversation just because one person consents.  In many states, ALL parties must consent.

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