Police, The Fourth Amendment, Qualified Immunity

Judge Scheindlin gets a bit sexually explicit

leave a comment »

Judge Scheindlin has been, and still is, much in the police Fourth Amendment (4A) related news this year over her big stop and frisk opinion.

In this unrelated case, she deals with police performing an undercover sting on a gay man:

There are countless reasons why someone who is not a prostitute might fail to immediately, vocally reject an inexplicable offer of gratuitous money for a consensual sexual act. Pinter’s account of his arrest illustrates some of the most obvious reasons: wariness and confusion. Given the oddity of [Under Cover Officer] 31107’s unprompted request, someone in Pinter’s situation might well fail to perceive the offer of money as a form of solicitation for prostitution, and might instead simply wonder what UC 31107 was thinking: does he have a practice of offering money for consensual sex? Does it give him some thrill? Indeed, if the NYPD began sending attractive young female officers into heterosexual dance clubs where they flirted with older men, asked them what they liked to do sexually, invited them to go nearby to have a sexual encounter — and on the way out, asked whether they would accept $50 to have oral sex performed on them — no doubt a good number of straight men would be too bewildered by this surreal turn of events to recognize that, legally speaking, they were being asked to prostitute themselves. Pinter has provided sufficient evidence for a reasonable jury to find that the NYPD’s undercover officers — who offered fees for sex — succeeded in obtaining agreement, or at least silence, not only from Pinter but from a number of gay men who are not prostitutes.

BTW, Judge Scheindlin allowed many of the claims against the police, notably the Monell claims, to proceed past summary judgement (sj).

Written by Burgers Allday

October 19, 2013 at 9:46 am

Posted in Uncategorized

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: