![]() In the event property is recovered from you, whether you consented or not, your criminal defense attorney may seek to obtain a Mapp Hearing where he can challenge the recovery of those items. ![]() Generally, with certain exceptions, a search warrant is required. If you are being arrested, you don't have to allow the police to search your entire premises or your car.For the purpose of Patronizing a Prostitute in the 1st, 2nd, or 3rd Degree, it is a defense that the defendant did not have reasonable grounds to believe that the person was less than the age specified in the statute (this differs from Promoting Prostitution).Failure to know the age is not a defense. It is important to note that if a prostitute is less than 19, 16 or 11 years old (therefore higher level crimes) it does not matter that you, the manager, did not know his or her age. The degree of the crime, Promoting Prostitution, may depend on the age of the prostitutes. If you manage or supervise a house of prostitution it is clearly illegal.Regardless, this is risky and potentially criminal behavior. Obviously, each incident must be examined on a case by case basis. There are prior court decisions that hold that being paid a fee for an autoerotic dance or to allow someone to touch your breast or buttocks is probably not "sexual conduct" for the purpose of prostitution.If there is more than rubbing and exposure, you are likely in violation of the law. Lap dancing is usually acceptable conduct, but there have been cases where excessive rubbing of the genitals constituted prostitution.Alternatively, try to recall tattoos or other marks. In such a case make sure you save that evidence as best as you can. Save any "evidence." Although the police cannot take off their underwear, those accused of these crimes have stated that the undercover went further.Generally, if you are suspicious that you are the target of undercover police officers or there is a prostitution sting, it is important to know that as a general rule the police cannot take off their underwear.Other than giving your own personal information (name, date of birth, etc.), do not share anything else as to your alleged criminal conduct. Do not try to talk yourself out of anything because you will inevitably get yourself into more trouble. If you are arrested politely ask for an attorney.So, what should you know? How will you protect your rights? After all, the person whose top priority is protecting your rights is.you. Even when everything is "by the book" you still need to protect your rights and make sure you never incriminate yourself. That being said, there are times when individuals, as in all areas of life, do not play by the rules. The police department consists of dedicated men and women who are doing their best to uphold the law and keep us safe. The NYPD is both skilled and savvy in their investigation of Prostitution and Escort Services.
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