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Old 05-19-2010, 12:51 PM   #1
wellendowed1911
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Default Can someone Dispel or confirm this Disclaimer

I have seen a lot of Providers post ADS and at the bottom they would place a disclaimer that says in so many words:" You agree that you are not a part of any Law Enforcement agency..." Now i viewed an episode of Cops where the police officer was working undercover as a JOHN- he appreached a prostitute and she asked him are you a Cop??? He of course said NO and once he got a deal for sex for money she was arrested. The cop mentioned that a lot of people think that if they(police) are doing undercover work in this case(posing as a John) and if they are asked if they are a police officer that they must say YES, but the cop insisted that they don't have to identify themselves..
Now I would imagine that if the police officer was doing an undercover drug buy and the drug dealer asks are you a cop what police officer is going to say Yes you got me sorry dude I messed up the bust you get to get away.
Now this goes both ways- if I schedule an appointment with an escort and I get to the room and ask her if she's a cop-even if she is I guess she could still say NO and if I make an offer she can arrest me. Now I don't the law because I am not an attorney because there may be charges of entrapment or some sort of thing like that I don't know. I hope this doesn't happen to any hobbyist or Provider, but just wanted to know if anyone can shed light on this topic.
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Old 05-19-2010, 01:28 PM   #2
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This has been discussed, but essentially, it just makes the girls feel good, I guess. Putting a disclaimer in your ad means nothing. Nada. Zilch. I don't know why they even bother, but they do. To each their own. At the end of the day you have to answer to the jury, and a disclaimer in your ad is not going to stop a judgment against you.

It's along the lines of asking a gentleman if he is a police officer before you touch him and expecting him to say, "well, actually, yes I am!" It doesn't work that way. They can say "no, I am not." They don't have to admit to anything. The entrapment myth is just that..a myth. They do NOT have to identify themselves.
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Old 05-19-2010, 01:47 PM   #3
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Default Dannie nailed that answer

that statement is useless.

No need to go into all the legal mumbo jumbo. Although one of the lawyers here might but from the enforcement end that statement is one big goose egg.
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Old 05-19-2010, 02:01 PM   #4
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I can top that. A gentleman once emailed me asking "Can you assure me that you are not a scam?"

That still cracks me up! Is there some code-of-honor among scammers that would require them to tell him they're a scam?
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Old 05-19-2010, 03:07 PM   #5
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Quote:
Originally Posted by HoneyRose View Post
I can top that. A gentleman once emailed me asking "Can you assure me that you are not a scam?"

That still cracks me up! Is there some code-of-honor among scammers that would require them to tell him they're a scam?

TFF. "You can trust me, I promise". he he he he......
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Old 05-19-2010, 03:41 PM   #6
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The U.S. Supreme Court has held the law enforcment officials may utilize deception (i.e. lie) in order to apprehand a fugitive, obtain a confession, prevent a crime or create a scenario that leads to an arrest. So log as it doesn't cross the very hazy line that constitutes entrapment they're free to have a membership on Eccie, post coimments, contact Providers, convince the Provider to take an appointment, lie when she asks if he's a cop and then do whatever he needs to do to get sufficient evidence for an arrest short of sticking his business inside of one or more of her orifices.
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Old 05-19-2010, 03:51 PM   #7
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Disclosures like this probably make things worse from you. The prosecutor could claim it shows you intend to commit a crime. They certainly won't protect you.

Forget any ideas about entrapment as a defense, too. It's very unlikely to help you.
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Old 05-19-2010, 03:52 PM   #8
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How interesting that review boards such as TER, ECCIE, etc..all also have disclaimers. As do most adult sites.
Will a disclaimer stop a cop from making an appointment? Naw, but they do have a valid purpose, which is fully known to the people and websites that utilize them.
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Old 05-19-2010, 05:21 PM   #9
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Quote:
Originally Posted by shooter6.5 View Post
that statement is useless.

No need to go into all the legal mumbo jumbo. Although one of the lawyers here might but from the enforcement end that statement is one big goose egg.

OH, NO! You just spoiled my whole day. You mean cops are not always straightforward and honest with those they are trying to arrest? What has this country come to?

Torito
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Old 08-01-2010, 09:00 AM   #10
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Here it is :
http://www.snopes.com/risque/hookers/cop.asp

Many disclaimers are totally useless. Like the crap on back of trucks, " not responsible for broken windshields" Imagine if I posted a disclaimer " Not responsible for killing Mr Jones" Is that going to exonerate me from killing Mr Jones ?

Another one of my favorite disclaimers is : "our insurance doesn't cover it". If you are found liable for damages and don't have adequate insurance you are in trouble, not the aggrieved party, that is unless you don't have a pot to pee in.

Many disclaimers are written to discourage the uninformed and naive from trying to sue.

As someone pointed out earlier, it may be used to persuade the jury that the person knew what he was doing and thus show intent.
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Old 08-01-2010, 10:37 AM   #11
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Quote:
Originally Posted by Sweet Heather View Post
How interesting that review boards such as TER, ECCIE, etc..all also have disclaimers...
I believe that websites use disclaimers to the effect that they are an open forum and are not responsible for content posted by others. Lawyers write those and they probably have legal merit.

But imagine a drug dealer handing an undercover cop a paper to sign that said, "By signing this I certify that I am not affiliated with any law enforcement agency." He'll do that gladly, right before he puts the 'cuffs on.

This goes in the same category as saying that your fee is payable in "roses", eg. "60 minutes, FS, 200 roses" (hate to tell ya, but if you have sex in exchange for 200 roses you're committing prostitution!) and the old dependable, "Put the money in a plain envelope on the coffee table and never mention it, " presumably so the lady can tell the judge that she just wanted to fuck this fella who knocked on her door and had no idea he was leaving a "gift."

I'm not a lawyer, but the essence of entrapment is a cop inducing someone to do something they otherwise would not have done. LE walking up to random women in a parking lot saying, "I'll give you 200 for a BJ," until he found some shopper low on cash who decided to give it a whirl, and then arresting her for prostitution.
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Old 08-01-2010, 11:41 AM   #12
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How about "Are you a prostitute"? If the answer is yes then could it be entrapment?
How about showing a body part... or two. Would that be allowed by leo? Scammers are another story. With them it just costs money. With leo it could cost far more.
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Old 08-01-2010, 11:49 AM   #13
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No and No.
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Old 08-01-2010, 06:15 PM   #14
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A disclaimer saying something to the effect that money is for companionship only might come in handy at the provider’s trial. It may further an “I’m only an escort” defense.
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Old 08-02-2010, 09:18 AM   #15
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Quote:
Originally Posted by sky_wire View Post
A disclaimer saying something to the effect that money is for companionship only might come in handy at the provider’s trial. It may further an “I’m only an escort” defense.
Nah. The simple legal math for prostitution is (1) agree to have sex (2) for an agreed upon compensation (even if it's "roses") (3) at an agreed upon time and place.

If money changes hands (or is promised) and sex ensues, you're busted.

Prosecutors, judges and juries are not idiots. "He only paid for my time then we, as consenting adults, just decided to fuck," ain't gonna cut it. If I were a judge I'd up the sentence just for insulting my intelligence.
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