Would you shoot 3 girls?

[Guest ArmaDeFuego]

Only if they are material facts that could change the outcome of the case. Whether he called an escort and voluntarily let her in, or whether she knocked on the door, asked to use the phone, and he voluntarily let her in is not a material fact to the charge of robbery.

You drive into an area to score a bag of weed and get car jacked. Most people make up some story about looking for a friend or just driving around; they don’t tell the cops they were trying to buy weed. The cops know what’s going on, but it’s not material to the carjacking.

I’m not saying that not being totally truthful with the cops is a good idea, it goes to credibility, but it may not always be a crime.

Also, if you charge the victim with a crime you might as well let the robbers go. You don’t have a victim to testify in court and even if he did the defense will destroy his credibility as a witness. They will try that anyway in this case.

Some notes on obstruction of justice:

"If the person lied to protect a suspect (such as by providing a false alibi, even if the suspect is in fact innocent) or to hide from investigation their own activities (such as to hide his involvement in another crime), this may leave them liable to prosecution."

I would charge him with solicitation. Is that not a crime in Tennessee? Is that not what he did?

[DaveTN]

Some notes on obstruction of justice:

"If the person lied to protect a suspect (such as by providing a false alibi, even if the suspect is in fact innocent) or to hide from investigation their own activities (such as to hide his involvement in another crime), this may leave them liable to prosecution."

I would charge him with solicitation. Is that not a crime in Tennessee? Is that not what he did?

We don’t know. The article said he called an escort service. The only place I have read that he hired a hooker is on here. Even if it he did, would you as a prosecutor want to pursue the robbery case or the solicitation case; you can’t have both.

The article also implies that he wasn’t fully forthcoming with the responding officer, but makes it sound like it was with the investigator. Obstruction requires intent; it doesn’t sound like (to me) it’s there. But we don’t know much from a short news article.

[Fallguy]

I would charge him with solicitation. Is that not a crime in Tennessee? Is that not what he did?

It is...but isn't it a misdemeanor? Which if it didn't occur in the LEOs presence....I don't think he can charge him.

[DaveTN]

It is...but isn't it a misdemeanor? Which if it didn't occur in the LEOs presence....I don't think he can charge him.

I’ve seen that posted here before. I’m having trouble believing that. I could believe that he would need to get an arrest warrant; but I can hardly believe that no one can be convicted on a misdemeanor if it wasn’t committed in the presence of a Police Officer.

If I accuse you of battery (a misdemeanor) you can be arrested. People are arrested all the time for domestic violence that didn’t happen in the presence of a Police Officer.

[strickj]

I’ve seen that posted here before. I’m having trouble believing that. I could believe that he would need to get an arrest warrant; but I can hardly believe that no one can be convicted on a misdemeanor if it wasn’t committed in the presence of a Police Officer.

If I accuse you of battery (a misdemeanor) you can be arrested. People are arrested all the time for domestic violence that didn’t happen in the presence of a Police Officer.

It's all in the psychical evidence...

With battery, an officer can clearly see who has the blue eye.

With attempted prostitution, an officer can not see who has blue balls

[Fallguy]

I’ve seen that posted here before. I’m having trouble believing that. I could believe that he would need to get an arrest warrant; but I can hardly believe that no one can be convicted on a misdemeanor if it wasn’t committed in the presence of a Police Officer.

If I accuse you of battery (a misdemeanor) you can be arrested. People are arrested all the time for domestic violence that didn’t happen in the presence of a Police Officer.

You are right...I should have said without a warrant. There are a few exceptions in 40-7-103.

Of course a warrant can be obtained for any violation of the law and the officer can make the arrest.

[Guest ArmaDeFuego]

I dont know, I just dont like seeing people jerking the cops around. If you screwed up & hired a prostitute & she & a couple of her friends maced & robbed you, then just man up & admit to it. Dont freak people out by making up a story that sounds like there is a band of juvenile female robbers going around robbing random people.....