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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 10-03-2006, 11:22 PM
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Arrest long after the fact for lewdness?


What is the name of your state? FL

I'm a middle aged, out of shape gay guy. About 2 months ago a really gorgeous guy in the gym steamroom starting dropping hints that he was looking for some action in there. I didn't take the bait. Long story short is that although he got more aggressive in enticing me as I was getting dressed to leave, I never showed or touched myself- I even went to another row of lockers when I had to drop my towel. He never showed himself, but kept "re-arranging" himself through his clothing and nodding his head in my direction to do the same. I even think he took my picture with his cell phone. From things he said & did I'm sure he was undercover and trying to entrap me. I did absolutley nothing wrong, but various odd things have happened since then that have me REALLY paranoid, especially since undercover cops have been known to outright lie in these circumstances.

Are these type of arrests always made on the spot or will they postpone arrests? I'm thinking that perhaps they're making a sweep of the place, gathering the info on the guys they will arrest, and then arresting them all on the same day- during ratings sweeps or just before the elections in November. I haven't been back to the gym since. Is there a way to find out if a warrant is issued for my arrest before the arrest happens? I'm really worried about getting arrested at work...and since they proabably have tag number, they'd know where I work.

Thanks!
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Old 10-03-2006, 11:51 PM
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What do you think they'd charge you with? Consensual acts between two adults not witnessed by third parties aren't likely to be criminal.

COULD an arrest warrant be sought? Sure. Could you find out about it before service? Maybe. But common practice would be to walk the arrest warrants through the courts a day or two before the arrests (if a sweep is planned) so on the odd chance that they are seeking a warrant, you would have to check public records at the courthouse every day and HOPE that they have not asked for the affidavit to be sealed pending service. Even without a request to seal, depending on your state law the affidavit and warrant info may be held for several days anyway.

So, you can live paranoid for the next 1 to 3 years (depending on the SOL in your state), or you can move on with your life.

- Carl
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