Wilson Law Group has posted about solicitation of prostitution issues in the past, but we are still seeing new clients come in whom the police have caught in back. The back.
This is what we have seen in a typical case: Law enforcement puts an ad on back. The ad will say to call a to arrange to meet. When the potential customer calls the listed, a female undercover police officer answers.
The police record the phone calls so they can use them in criminal prosecution. She will direct him to drive to a certain intersection and to call her from there; then to a hotel parking lot and to call her; and, finally to a specific room. When the undercover officer opens the door to the hotel room she is usually dressed very modestly and offers the customer a hug.
Once the customer is inside the hotel room, the undercover officer quickly gets him to agree to a service and they discuss cost. The undercover officer almost invariably asks whether the customer will agree to wear a condom during the discussion, presumably to ensure they are both talking about sexual intercourse and not just a massage or other legal service.
Once the parties make an agreement, the officer asks the customer to put the money on the nightstand or TV. The police usually set up audio recording devices and often cameras in the room. Everything that the parties say and do in the hotel room can likely be used as evidence in court.
Under Minnesota law, and the law of many states, it is not entrapment unless the government actor actually implants the criminal idea in the mind of the defendant. If the defendant, or the customer in this scenario, had the proclivity or intent to commit the crime with nothing more than the solicitation by the government, entrapment is not a sustainable defense.
However, if the government actor used improper pressure or persuasion, then the defendant may have an entrapment defense. Next time you consider looking for some entertainment online, think about what it would be like sitting next to your lawyer watching yourself talk to an undercover police officer while you undress and are subsequently arrested.
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