[QUOTE=Nkykinkyguy; 1130819]Any board members know the legality of LEO having a website that includes, services, fees and nude photos?
Is it legal or entrapment?
Seems to me offering services for a fee with nude photos isn't any different than a streetwalker showing her tits and telling you $ 40. 00 for a blow job and $ 60. 00 for sex.
Any legal advice would be appreciated.
KG aka DV[/QUOTE]Good question KG / DV and it's not as complicated as it seems once you know the law.
The first thing you have to know and remember is "can LEO can Lie to you".
[b]Yes. [/b] It's a legally accepted. And highly effective. Interrogation technique to lie to you and present false evidence in order to elicit a confession. This is particularly common during interrogations in which officers might tell you that "your friend already gave you up, so you might as well come clean."
The best defense against these manipulative tricks is to avoid saying anything to police without first speaking with an attorney. Use the magic words [b]I'm going to remain silent. I would like to see a lawyer. [/b] Repeat, if necessary.
On a related topic, it's commonly believed that undercover police have to reveal their identity when asked. This is false. Police may lie.
In the street Sting operations or at a local motel where you read about here in Cincinnati the undercover female cop posing as a hooker can tell you she is not a cop and not involved with law enforcement when in reality she or he is a cop. Cops have complete immunity to lie to you.
You probably know this but from here can they set up a "escort web site" with pictures and services to readers like in the past on CL and on BP?
[b]Yes they can. [/b] Matter of fact I've seen in other states where police has done that very thing. They do this with drug stings all the time.
Entrapment occurs when the government induces a person to commit a crime and then tries to punish the person for committing it. However, if a judge or jury believes that a suspect was predisposed to commit the crime anyway, the suspect may be found guilty even if a government agent suggested the crime and helped the defendant to commit it.
As far as creating a crime to make an arrest? A police officer or federal agent can purchase drugs from a known drug dealer, can buy stolen items, even buy counterfeit money from those that they suspect and know is selling.
All of these stings are performed under the strict guidence of court orders and even federal supervision.
In the cases with escorts, LEO post an ad with Craig's List or in Backpages and with a few photos and some suggested language, the defense of entrapment has been severely compromised when a guy answers the Ad. Also the reverse of this is where a provider has posted her Ad with pictures and services and prices also compromised her defense of entrapment.
In a nutshell, if you are posting Ads or answering Ads under the erotic services in Craig's List that display pictures of yourself and / or desire services you are offering or seeking, it is quite difficult then to claim that the police [b]made you do it, [/b] Because the defense of entrapment when its boiled down to [b]common sense[/b] From a jury's perspective is that the police engaged in behavior that caused you as a private citizen to commit a criminal act you normally would otherwise not engage in.
[b]Generally, the defense is not available if LEO merely created an opportunity for the commission of the crime by a person already planning or willing to commit it. [/b]
Most states require a defendant who raises the defense of entrapment to prove he or she did not have a previous intent to commit the crime. Courts determine whether a defendant had a predisposition to commit a crime by examining the person's behavior prior to the commission of the crime and by inquiring into the person's past criminal record if one exists. Usually, a predisposition is found if a defendant was previously involved in criminal conduct similar to the crime with which he or she is charged.
When LEO supplies an accused with a tool or a means necessary to commit the crime, the defense is not automatically established. Although this factor may be considered as evidence of entrapment, it is not conclusive. The more important determination is whether the official planted the criminal idea in the mind of the accused or whether the idea was already there.
Entrapment is not a constitutionally required defense, and, consequently, not all states are bound to provide it as a defense in their criminal codes. Some states have excluded it as a defense, reasoning that anyone who can be talked into a criminal act cannot be free from guilt.
[b]From all this I have to say, know what your rights are and know the law. [/b]
The police expect you to be ignorant of your rights and of the law. So they often get away with doing things to you that are illegal. By knowing what the law is and what your rights are, you can protect yourself from police abuse.
[b]Always exercise extreme caution when speaking to anyone. [/b] If they suddenly begin asking questions that involve money or sex. Questions that they already know the answers to. Bells should go off in your head.
I could go on but this should cover the main question. Any thing not clear just ask and maybe me or someone can have the Factual Truth Answer.
Harpo
[b][u]EDITOR'S SUGGESTION[/u]:[/b] [blue]This is interesting, but you might consider re-posting it in the [u]Police Tactics and Legal Issues [/u] thread in the Special Interests section of the Forum where it will benefit the Forum Members who are specifically looking for this type of information. [i]Thanks![/i][/blue]
