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Search took 0.00 seconds. Search: Posts Made By: mfosteresq
Forum: Legal Issues for Cruisers 20th July 2009, 10:13 PM
Replies: 3
Views: 1,504
Posted By mfosteresq
Plainclothes Cops Do Not Have To Disclose Cop Status

Short answer: Plainclothes police DO NOT have to respond truthfully to question, "Are you a cop?"...and they generally will not truthfully respond, After all, they've gone through all that effort...
Forum: Cruising to Talk 30th June 2009, 11:40 AM
Replies: 3
Views: 1,709
Posted By mfosteresq
Repression

Well said. It is a sad fact that, even in 2009, official anti-Gay repression is alive and well in the USA

Undercover police just completed a sting operation here, entraping several gay men and...
Forum: Legal Issues for Cruisers 28th December 2008, 12:29 PM
Replies: 4
Views: 2,316
Posted By mfosteresq
Consent, Adult Choices, and Information

The law, as written, is one thing. As enforced, it is quite another. Rare, and foolish, would be the prosecutor who would attempt to bring criminal charges against Orgy Participant 1 for having...
Forum: Legal Issues for Cruisers 23rd December 2008, 12:17 AM
Replies: 4
Views: 2,316
Posted By mfosteresq
CA Criminal Statute re Intentional HIV Transmission

Since 1998, California has criminalized intentional HIV transmission (Health & Safety Code 120291). Violation is a felony, punishable by up to 8 years in state prison.

There have been very few...
Forum: Legal Issues for Cruisers 11th December 2008, 11:16 PM
Replies: 1
Views: 1,407
Posted By mfosteresq
The Inadvisability of Just Pleading Guilty

Your point is well made. Sadly, it often happens that guys will take the seemingly "easy" route and simply plead guilty to the charges alleged against them. This is often a mistake, sometimes a...
Forum: Legal Issues for Cruisers 8th December 2008, 01:52 PM
Replies: 5
Views: 6,538
Posted By mfosteresq
Public Space, Private Space, and Gloryholes

If booths with gloryhole between are occupied by consenting adults, and are not easily visbile from outside (door closed and locked, etc.), they would be a private space within a public space, and...
Forum: Legal Issues for Cruisers 28th November 2008, 06:24 PM
Replies: 5
Views: 6,538
Posted By mfosteresq
Legalities of Baths and Bookstores

Hopefully, guys are still checking in here and, wichitacumlover, sorry about the looong delay in replying. I hope you have had good and safe times in whichever (or both) of these two venues --baths...
Forum: Legal Issues for Cruisers 11th July 2007, 07:55 PM
Replies: 3
Views: 3,196
Posted By mfosteresq
Bookstore Booth Bust

My response is not Colorado-specific, but based on general constitutional principles and my experience in defending these type of cases in the California courts.

The supreme law of the land is the...
Forum: Legal Issues for Cruisers 10th July 2007, 09:00 PM
Replies: 1
Views: 1,855
Posted By mfosteresq
Employer Disclosure to Police

This type of "guilty upon arrest" publicity is the worst type of yellow journalism. It constitutes a pre-adjudication, extrajudicial penalty for individuals have have merely been charged with a...
Forum: Legal Issues for Cruisers 10th July 2007, 12:37 PM
Replies: 4
Views: 2,223
Posted By mfosteresq
Sealing of Arrest Records

We have been dealing with a few different issues under the general topic of expungement of criminal convictions and sealing of arrest records.

Under the California Penal Code, most criminal...
Forum: Legal Issues for Cruisers 9th July 2007, 10:06 PM
Replies: 1
Views: 3,585
Posted By mfosteresq
Book Store Booth Noises

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...
Forum: Legal Issues for Cruisers 9th July 2007, 03:34 PM
Replies: 3
Views: 2,096
Posted By mfosteresq
Car Sex

Without putting too fine a point on this, I feel compelled to add: A car is not a public place, but generally, to the extent its interior is visible, it is a place open to public view. Of course,...
Forum: Legal Issues for Cruisers 9th July 2007, 03:12 PM
Replies: 3
Views: 2,096
Posted By mfosteresq
Is Sex in a Car Public Sex?

Short answer: Depends where the car is located. If in a public place, illegal; private place, legal.

In California, the crime of lewd conduct, Penal Code 647(a), occurs when the alleged "lewd...
Forum: Legal Issues for Cruisers 8th July 2007, 09:07 PM
Replies: 4
Views: 2,223
Posted By mfosteresq
Arrest Record Expungement

While it's never a good thing to get arrested, the good news is you were arrested in Los Angeles and qualfied under its progressive program for certain cruising/public sex crimes. This is...
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