Husband of 15+ years was arrested and charged with a misdemeanor
647b PC in California for solicitation
. He was taken into custody fingerprinted, mugshots taken, read his rights, interviewed and booked into the local jail with no bail due to an immigration hold. In the interim, he was put into a holding along with others. In the earl morning hours an ICE agent read through his file andc
looked up his record and determined that my husband was clear to go. This was my husband's first arrest. He is a legal resident alien.
The day of the arrest my husband was on his way home from working. He exited the freeway about
5+ miles from our home. He was stopped at a red light at a commercial intersection. He was driving a company work truck. His vehicle was the first at the light. On the right there was a parlor lot, Panda Express, Motel 6 and a side street. On the next corner in plain view my husband could see a car with two Hispanic men conversing with a tall striking Caucasian woman. He was en route to Loewe's and went straight through the intersectionto the other side and turned right into the driveway leading to Loewe's. As my husband was passing the aforementioned trio which piqued ghost interest and curiosity. He stopped parked his vehicle and spoke to one of the two men, who upon close inspection were actually young adults between ages of 18-20. My husband told the teenager to be careful that their lady friend was most likely an undercover cop. The teenager insisted that the lady was not and was charging 45 and my husband said, well see, I think she's an undercover cop. The two men drove through the parking lot across the street and parked in the Motel 6 parking lot. Meanwhile, the lady walked the same distance to meet the two young adults at her room. My husband had since re-entered his vehicle and followed the two. On the way, the woman said hi to my husband and he responded with hi. As he entered the driveway to Motel 6 he was idling his vehicle when the woman approached my husband's vehicle and said hi sweetie. My husband did not respond. The woman either asked do you want everything or announced she's got everything. My husband inquired either what I
s that or what is everything?
The woman responded 60, and my husband asked are you a cop? She replied, no, are you? Then, my husband asked why did she tell the other two
, 45? She ordered my husband to wait there and that she would be right back. My husband did not wait. He backed of the driveway and continued on his to Loewe's. He parked his vehicle and entered Loewe's garden department. Later, 4 undercover arrested him inside.
I believe that my husband should enter a plea of innocent of the charges and that this charge should be dropped.
1. The woman initiated communication with my husband by saying hello.
2. The woman said to my husband, "Hi Sweetie" this is a form of flirting which is not permitted in sting operations; thus allowing the undercover team vulnerable to be accused of entrapment.
3. Then, the woman initiated
the offer of 'everything.' The term everything is too general. During sting operations it is essential to be very specific, and not ambiguous which would lead to a misunderstanding that would create down create doubt as to the existence of a mutual understanding.
4. When my husband asked what is everything? That what her 2nd chance to specify exactly what is everything. She doesn't.
5. She mentions 60. She, again introduces a vague term. It is also a price that she brings it up first.
My husband did not ask the price
6. She orders my husband to wait there and he doesn't. He continues on his way to Loewe's. This
was an ordered by the police and the fact that he did not obey this command demonstrates that the
y are not engaging in an mum
a mutual agreement. In addition, now the undercover unit will not be able to apply this as indicative of a furtherance, which is often used in sting operations to their advantage.
7My husband didn't turn off the engine, he didn't park, he didn't get out.
8Since he wasn't in his vehicle wh
It will not be possible for the undercover to apply
any existence of any gestures as equal to agreeing first an oral contract
8. My husband does not have any previous arrests nor charges.
9 My husband has never been arrested before
10 Husband did not have condoms