# Section 35, Urgent Assistance Needed



## kolbe300 (Sep 18, 2009)

I am hoping someon can provide some suggestion for this situation. The family and friends of a young woman suffering from a serious and dealy addiction to heroin have trying to get her into a detox. The woman is being prostituted by a boyfriend in a Mass. city. A section 35 has been taken out, but they are both apparently aware and continue to elude apprehension by not being seen in public while Court is in session.

Although the local police know the situation well and have stated "prostitution is a daily thing with her," she cannot be picked up on the section 35 outside Court session nor picked up on a solicitation charge unless caught in the act. No undercover patrol will be dedicated to having her picked up, even though she is on the street doing this everyday..

My question for anyone who can provide an answer is this. She is being prostituted for heroin money daily, in the same location and in full view. her boyfriend walks her to the area, sits in full view and waits for her to return. _*Where the City will apparently not allocate funds to assign an undercover officer to pick her up for soliciting (which would get her off the street, and the Section 35 could be applied the following morning), is it possible to pay for a private police detail to patrol this same area where she does this daily, at around the same time, in the same area and in full view?*_ I have read some legal cites on derivative entrapment, and it would appear that where the individual is predisposed to commit the crime daily and neither coerced by the government or third party, no such entrapment defense would be sustained as a defense.

The woman comes from a well off family and is literally dying from this addiction. Any advise would be greatly appreciated. Thanks to all who can respond.


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## 263FPD (Oct 29, 2004)

If this person is at the same location everyday at a predetermined time, I really fail to see how a Sec. 35 (Warrant Of Apprehension) is not possible to execute. If they are at the same place, at the same time then they are not making too much of an effort elude this Section.

The family should go get the 35, stake out the area, and once they see her, contact the police to execute the 35. As you already know, it's only good for that day. I really doubt if a special detail can be hired for this reason, however, that is a question you should be asking at that police station from an administrator, i.e. Chief. Asking this question here solves nothing. Policies differ from Dept. to Dept. As for a allocating a special patrol to catch a prostitute? Take a look at the economy and the short staffing of the PD. I hate to tell you,but a single solicitation arrest is just not a priority to anyone these days. Make sure to call the governor's office and thank him very much for buying his curtains, furniture and limmo,instead of concentrating on providing adequate public safety.


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## kolbe300 (Sep 18, 2009)

Thank you for the prompt reply. And don't blame me for Deval Patrick, I didn't vote for him either. 

I do realize there are major budget issues, and that this matter is not a high priority case. However, it is to the family and friends. The point of the Section 35 is that Court session ends late afternoon, and the woman specifically will surface after that hour. She cannot be picked up, because she cannot be held overnight on this process. If you do have any possible suggestions, I would sincerely appreciate any and all.


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## 263FPD (Oct 29, 2004)

kolbe300 said:


> Thank you for the prompt reply. And don't blame me for Deval Patrick, I didn't vote for him either.
> 
> I do realize there are major budget issues, and that this matter is not a high priority case. However, it is to the family and friends. The point of the Section 35 is that Court session ends late afternoon, and the woman specifically will surface after that hour. She cannot be picked up, because she cannot be held overnight on this process. If you do have any possible suggestions, I would sincerely appreciate any and all.


Find out where these two degenerates hibernate during the day hours. Junkies are creatures of habit.


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## Deuce (Sep 27, 2003)

kolbe300 said:


> However, it is to the family and friends.


Don't take this the wrong way but, so is *every* call..


263 had it right. Junkies tend to flop in the same hole, get their dope from the same guy, sit on the same corner and shoot-up in the same dump. Get the 35, positively locate the individual (don't waste our time on wild goose chases) and then call..


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## NEPS (Aug 29, 2006)

Warrants of apprehension are a real blister because of the court business hours restriction.

Some departments might be willing to hire out a detail officer in plainclothes to watch and follow the subject until the appropriate hour. For that matter, a private detective might be hired for the same thing.

Does the woman not have warrants or approaching court dates that might be taken advantage of?

Could the department involved, which can't spare an officer for a sting, be persuaded to write field interviews on her three times so that she could be arrested afterwards as a common night walker?

Just tossing out ideas.


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## kolbe300 (Sep 18, 2009)

I thank everyone for the prompt replies and suggestions. The individual has been picked up on the Section 35. Thanks again.


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## kwflatbed (Dec 29, 2004)

Case Closed


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