LE question for massage place previously busted

Ongoing debate between fellow hobbyist and I.

a hair salon that once offered massage and extras had one if its ladies arrested for "prostitution" there.

I believe that this place is no longer safe to go to anymore since it has been tagged by LE already. They can come in and bust up the place at any given time without any additional warrants since they've made an arrest there before. So technically, they can kick down your door mid session if they wanted to.

Am I right on this? Fellow hobbyist believes otherwise since massages are no longer advertised.

I believe that this place is no longer safe to go to anymore since it has been tagged by LE already. They can come in and bust up the place at any given time without any additional warrants since they've made an arrest there before. So technically, they can kick down your door mid session if they wanted to.

Am I right on this? Fellow hobbyist believes otherwise since massages are no longer advertised. Originally Posted by weezyfbaby

from what you posted, neither of you are right. advertising massages or not, has zero to do with anything. but LE can't kick down your door without a NEW warrant.

I do agree the place is "tagged", and therefore not the safest place in town. I would need to know more about the arrest that happened, before I could properly evaluate safety in the future.

Let us say there is a house on your block where drug dealers were busted last week. Those specific criminals were processed through the courts and half of them went to jail. But the other half of them came home again, along with their GFs and friends.

Everyone knows that this group of people are prone to dealing drugs. The local PD will keep an eye on them as best as they can.

But the only way LEOs can walk into that house without a warrant is if one of the residents is on parole. Parolees are required to allow LEOs to search them at any time without Probable Cause.

In any other circumstances, the police will need to gather fresh new evidence, to get a brand new warrant.

Where was this bust? In what city?

Where is this wonderful place of haircuts and extras?

New case new paper work

Sometimes I wonder why I would comment on such things as I know absolutely nothing & everything at the same time .
I just proved it by spelling it .

Nothing

Everything

There I did it twice .

What would make a civilian think that that is the way that[ things ] work ?

The simple fact that a person would think that there are procedures in place and that they have rights is a reason to arrest there stupid ass,s

Anybody at anytime can be arrested for anything and everything .

If the charges stand up at trial is another issue all together .

You burnt down the hindenburg didnt you ?

Oh the fucking humanity.

Plain and simple Dude who's your bondsman?

Best bet unless your not a catholic priest is to ask a priest who his bondsman is ...

There is some good advice and a lot of misinformation here. Let me set the record straight. Be advised, I am not a lawyer in Texas, so I will be talking exclusively about 4th amendment rights as interpreted by SCOTUS. Texan's legislature can give you more rights, but it CANNOT drop below this floor without violating your rights.

They can come in and bust up the place at any given time without any additional warrants since they've made an arrest there before.

This is not correct. The police may watch this location more, but once the warrant expires, they would need a new warrant to search message rooms (see below). Warrants have to be supported by an oath or affirmation, which has two things: details and a reliable source. If one is weak, the other must be strong. But either way, the warrant must rise to the level of probable cause, which is admittedly low. My point is, a new warrant is required. And likely new facts to support it.

Chung's post is on point.

But the only way LEOs can walk into that without a warrant is if one of the residents is on parole. Parolees are required to allow LEOs to search them at any time without Probable Cause.

In any other circumstances, the police will need to gather fresh new evidence, to get a brand new warrant.

You are correct about parole, but you are incorrect about "the only way LEOs can walk into that house". You didn't consider exigent circumstances, such as hot pursuit, emergency, etc. In Missouri v. McNeely (2013), SCOTUS broadened the exigent circumstances exception to be justified whenever a reasonable offer believes (1) acting is urgent and (2) securing a warrant is impractical. That's pretty damn broad. So there are many times an officer can enter your home without consent and without a warrant. For example, if they have probable cause you're destroying evidence.

@Op: Entering a waiting room of a business may not be a search. So no warrant is required. LEO just has to argue he wanted a haircut or massage, and boom, he had a right to be there.
Anything he sees he can seize under the plain view doctrine.

But entering a massage room with a shut (locked?) door is different. One critical thing no one mentioned is Katz. Under Katz, you have a reasonable expectation of privacy. In Harlan's concurrence (later adopted by SCOTUS as the rule of Katz), if a two prong test is met, the police must get a warrant or have an exigent circumstance to search: (1) you must subjectively signal to the world your desire for privacy, and (2) a reasonable person must think giving you privacy in that circumstance is reasonable. Here, you signal to the world you want privacy when you shut the door of the massage room and put on music to drowned out sound. A reasonable person would know that you are naked or close to it when getting a massage, so it would be reasonable to give you privacy there. As such, under Katz, it would violate your 4th amendment right (applied to Texas's police through the 14th amendment) if the room you were in were searched without a warrant or exigent circumstance. This is true even if the police could be in the lobby of the business legally.

In Texas a warrant is only good for 72 hours. (CCP 18.06) so they would need a new warrant to go in again. THE ISSUE is that once a place is tagged, LE will typically sit outside and pull over anyone leaving the establishment on a pretext stop and harass you to give up evidence. I have also seen where they will get the car info, then show up to your house and speak to your spouse as part of their "investigation" if you do not assist them.

Art. 18.06. EXECUTION OF WARRANTS. (a) A peace officer to whom a search warrant is delivered shall execute the warrant without delay and forthwith return the warrant to the proper magistrate. A search warrant issued under Article 18B.354 must be executed in the manner provided by Article 18B.355 not later than the 11th day after the date of issuance. In all other cases, a search warrant must be executed within three days from the time of its issuance. A warrant issued under this chapter, Chapter 18A, or Chapter 18B shall be executed within a shorter period if so directed in the warrant by the magistrate.

No this is not legal advice. No this does not make me your attorney. No I am not saying that I am an attorney in Texas or anywhere else.

THE ISSUE is that once a place is tagged, LE will typically sit outside and pull over anyone leaving the establishment on a pretext stop and harass you to give up evidence. I have also seen where they will get the car info, then show up to your house and speak to your spouse as part of their "investigation" if you do not assist them.
Originally Posted by RaiderFrank

you have seen and heard this? I have not. it sounds blatantly illegal, and would never fly. surely you have a link or something much more to say than this, if you have really "seen" it.

I think you watch too many TV Cop shows.

Ongoing debate between fellow hobbyist and I.

a hair salon that once offered massage and extras had one if its ladies arrested for "prostitution" there.

I believe that this place is no longer safe to go to anymore since it has been tagged by LE already. They can come in and bust up the place at any given time without any additional warrants since they've made an arrest there before. So technically, they can kick down your door mid session if they wanted to.

Am I right on this? Fellow hobbyist believes otherwise since massages are no longer advertised. Originally Posted by weezyfbaby

It really doesn't work that way.

I would like to know (probably just like every dude here...), where the fuck can I go to get my hair cut and get a handy in the process???? “Hey babe, going to get my hair cut” doesn’t exactly send out super red flags. (Yes, I know I’m a sleezball and so are you!)

I would like to know (probably just like every dude here...), where the fuck can I go to get my hair cut and get a handy in the process???? “Hey babe, going to get my hair cut” doesn’t exactly send out super red flags. (Yes, I know I’m a sleezball and so are you!) Originally Posted by idlman

What do you think the barbers Cape is for? self service is the way it is Barbers have all kinds of how did the beastie boys put it ? Your best porno mag . Lol

Down in florida they have Red roosters where the stylists are top less but I never heard of and extras they were ran pretty tight .

Hey we use to have a BOOB & LUBE in des moines where naked chicks changed your oil .

George thorough good willie and the hand jive is as close as it gets unless there is a utr.