A 16 years old girl was arrested with the others in a raid of a house of prostitution. She was immediately brought to the district attorney’s office and questioned in the presence of the police officers. She stated that she had been forced by a man to enter and remain in the place. The police officer was then ordered by the district attorney to arrest the said man. The arrest however happened a few hours later without a warrant.
Upon the original arrest for the felonies of compulsory prostitution and abduction, an incidental search was made by the police officer. The said search uncovered a revolver from the man. An arrest was immediately made for the unrelated crime of possession of a dangerous weapon, a crime then and there being committed in the presence of the police officer.
The man was then separately indicted for the felonies of compulsory prostitution and abduction, and for the instant crime for possession of a dangerous weapon as a felony.
Yet, the indictment charging compulsory prostitution and abduction was dismissed on motion by another judge. Even if the girl’s testimony was not quite the same as related to the district attorney, the dismissal was based mainly on the lack of supporting evidence required by the law for the crimes of compulsory prostitution and abduction.
Based on records, the specific problem will arise most frequently in the unrelated crime area of the law of search and seizure. It can also occur in a primary taint matter. For most frequently in other areas, the motion to suppress will be made prior to any ultimate acquittal or conviction.
Moreover, the general principle is that if the original search is reasonable, any fruits, instrumentalities or contraband of an unrelated crime observed or uncovered in the course of that reasonable search may reasonably be seized provided a contemporaneous arrest is then and there made for the unrelated crime. Further, the said general principle is always applicable if the original incidental search is confined to the same person.
The court stated it is from the basic limitations on the incidental search that the rule has emerged, that the search must be incidental to a lawful arrest but lawful only in the sense that it is authorized by the law. For a police officer like any citizen is presumed to know the law and if he makes an unlawful arrest unauthorized by the arrest statutes, the law conclusively presumes that his primary purpose was to search rather than arrest.
Sources revealed that the fourth amendment is not concerned with acquittals or convictions. It is only concerned with searches. It commands that probable cause and legal authority to arrest precede every search. As a sanction it excludes the product of an unreasonable search.
Consequently, the inquiry should solely be directed toward determining whether the arrest was authorized by the law rather than to ultimate acquittal or conviction.
But the inquiry whether legal authority to arrest exists is confused by the fact that most state felony arrest decree make ultimate acquittal or conviction the test of the lawfulness of the arrest. There are many decisions so holding where civil or criminal sanctions are sought against the arresting officer.
The legislature was primarily concerned with the protection of the public from unwarranted or irresponsible arrests.
To Be Cont…….
There are people who are forced to do things that are immoral. Whenever you experienced the same matter and it involves sexual crime, you can seek legal help from the Kings County Criminal Attorney. You can also ask guidance and legal representation from the Kings County Prostitution Lawyer at Stephen Bilkis and Associates.