Hey Esquire:

What If I am in a booth in an ABS with the door closed and the recipiant of oral sex in the next booth has his door closed while there is heard screams of pleasure and slurping sounds from the booths and when the guy is drained he opens the door and the policeman is staring at him, are the two subject to arrest?

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Just do it!

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No. Assuming of course, that the noisy twosome has tucked everything away. No crime has been committed -- at least not that the hypothetical policeman has witnessed. He has only heard slurping and screams of pleasure. Could be exited porn viewers, pants firmly zipped, enjoying what is being legally shown, in a legal establishment.

I am unsure from your hypothetical if there's a gloryhole between the booths, or if the policeman observes two men exit one booth. In any event, each of these things only affords the policeman "reasonable suspicion" that a crime has just been consumated.

Under the facts, there is insufficient evidence to support an arrest or a conviction. Howevre, you can almost be assured the exiting booth occupant(s) will be questioned very directly by the policeman. If everybody keeps their cool and doesn't incriminate himself or others, the policeman simply doesn't have enough to make an arrest.

This is the crucial point: Time and again, we have seen men who could have declined to talk with the police and avoid an arrest and/or conviction, instead talk themselves into an arrest... and have the principal evidence against them be their own testimony! Even if the policeman abuses his power and makes an arrest, talking under these facts cannot help. In fact, the main reason for such an arrest would be to coerce a statement.

Exiting a booth under these facts, and seeing a policeman, I would simply nod affiaably at the officer and keep walking, right out the door.

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