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  1. #1
    Join Date
    Nov 2009
    Posts
    1

    Default Patronizing a Prostitute

    My question involves criminal law for the state of: Kansas
    A female who I never seen in my life asked me for a ride home to her house. The female asked me if wanted to date when I get to her house, I told her I would let her know. We was stopped by the police after we left her house, the officer asked me what went on, I told him that we had sex and gave her money inside her house. Officer stated that she is a known prostitute, so he arrested me for soliciting and patronizing a known prostitute. The arresting officer did not see me pick up the female, conversate, nor see us exchange money inside her house, he stated in his report that he saw us go inside and leave, however he did not know what went inside, but used my statement and stated that since she is a known prostitute I was arrested.

  2. #2
    Join Date
    Aug 2006
    Posts
    563

    Default Re: Patronizing a Prostitute

    is the question "should i not have told the police i was committing a crime?"

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Patronizing a Prostitute

    but used my statement and stated that since she is a known prostitute I was arrested.
    Of course he used your statement. You straight up told him that you took her inside, boinked, and gave her money.

    Surely you didn't think he was going to buy the idea that you gave a ride, sex, and money to a complete stranger out of pure charity?

    Get a lawyer.

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Patronizing a Prostitute

    Quote Quoting dahamma
    View Post
    The arresting officer did not see me pick up the female, conversate, nor see us exchange money inside her house, he stated in his report that he saw us go inside and leave, however he did not know what went inside, but used my statement and stated that since she is a known prostitute I was arrested.
    The statement alone generally would not be enough to support a charge, the "totality of the circumstances" was enough to establish probable cause though.

    One issue I see, unless the case law has some other insight to offer on what constitutes in the officer's view, under (d), a citation should have been issued, or an arrest LATER on a warrant.

    Is this crime a felony in KS?

    22-2401. Arrest by law enforcement officer. A law enforcement officer may arrest a person under any of the following circumstances:

    (a) The officer has a warrant commanding that the person be arrested.

    (b) The officer has probable cause to believe that a warrant for the person's arrest has been issued in this state or in another jurisdiction for a felony committed therein.

    (c) The officer has probable cause to believe that the person is committing or has committed:

    (1) A felony; or

    (2) a misdemeanor, and the law enforcement officer has probable cause to believe that:

    (A) The person will not be apprehended or evidence of the crime will be irretrievably lost unless the person is immediately arrested;

    (B) the person may cause injury to self or others or damage to property unless immediately arrested; or

    (C) the person has intentionally inflicted bodily harm to another person.

    (d) Any crime, except a traffic infraction or a cigarette or tobacco infraction, has been or is being committed by the person in the officer's view.

    History: L. 1970, ch. 129, 22-2401; L. 1984, ch. 127, 2; L. 1984, ch. 39, 37; L. 1996, ch. 214, 29; July 1.

  5. #5
    Join Date
    Nov 2006
    Posts
    368

    Default Re: Patronizing a Prostitute

    Confessions to a Law Enforcement Officer on the scene are evidence in every court in this world, and probably the next as well.

    This is a you-tube video that explains your 5th amendment rights quite well. It is rather long but towards the end a police officer tells you why you should not talk to the police. Save the confessions for your attorney.

    http://www.youtube.com/watch?v=6wXkI...eature=related

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