Showing posts with label Lewd Acts. Show all posts
Showing posts with label Lewd Acts. Show all posts

Tuesday, October 21, 2014

'Django Unchained' Actress Daniele Watts Charged With Lewd Conduct

Danielle Watts being detained by
Los Angeles Police Sergeant
By ABC7, Oct. 21, 2014

LOS ANGELES (KABC) --"Django Unchained" actress Daniele Watts has been charged with lewd conduct for alleged indecent exposure in a public space.

The actress was detained by Los Angeles police in September after a citizen called and reported that two people were "involved in indecent exposure" in a silver Mercedes-Benz. Police released her after determining that no crime was committed.

Following the incident, Watts claimed the only thing she did was kiss her boyfriend while sitting in a car and said she doesn't understand why she was treated like a criminal by police.

Watts and her boyfriend, Brian Lucas, were in a car parked at Radford and Ventura boulevards in Studio City. The actress says the car door was open and she was sitting on Lucas' lap kissing him when a man approached them, telling them to "stop putting on a show."

Watts, who is best known for her debut role in "Django Unchained," also claimed the incident was racially charged, because she is black and her boyfriend is white. The two said they were talking to the ACLU and the NAACP to weigh their options and decide if they will take any legal action against the LAPD.

According to the Los Angeles City Attorney's Office, Watts' lewd conduct charge carries a maximum sentence of six months in county jail and a $1,000 fine.


Source:  www.abc7.com

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Tuesday, September 23, 2014


By Richard J. Chrystie, retired Los Angeles County deputy district attorney

Now that there is more information about the Daniele Watts situation, I offer some final thoughts based upon what we now know.

The 911 calls reported seeing a woman and a man engaged in sexual intercourse in a car with the door open. This is a violation of Penal Code section 647, subd.(a), engaging in lewd or dissolute conduct in any public place or place exposed to public view. So when the police responded to the 911 call and came upon the described couple in a car at the described location, they were lawfully entitled to detain the couple to investigate the reported crime.

Regarding demanding identification, open acts of sexual intercourse like this would lead to a reasonable belief on the part of officers that the woman was engaging in an act of prostitution. They don’t have probable cause to arrest, but they do have reasonable suspicion to detain. Since prostitutes very often have criminal records and are on probation, it would be reasonable for officers to obtain the identification of the woman to see if she has prostitution priors, if she is on probation for it, and if she has a search and seizure condition.

Thus, in accordance with the language of the Hiibel case (which I discussed in my posting last week), the request for identification was “reasonably related to the reason for the detention.” Therefore, when Miss Watts refused to provide her identification upon demand, she could then be arrested for delaying or obstructing an officer in the lawful performance of his duties in violation of Penal Code section 148, subd.(a)(1). So Miss Watts could have been arrested for refusing to provide her identification.

But there is another basis upon which Miss Watts could have been arrested. During the course of Miss Watts’ detention, she tried to walk away saying officers had no right to hold her. But a person who is lawfully detained cannot simply walk away. Doing so is also a violation of Penal Code section 148, subd.(a)(1). So she could have been arrested for that as well.

As authority for this, please note the following quotation from the case of People v. Lloyd (1989) 216 Cal.App.3d 1425,1429, in which a motorist walked away from an officer attempting to give him a ticket for a traffic violation: With no right to resist this lawful detention, Calvin’s conduct in quickly walking away from the officer rather than complying with the demand for identification provided the officer with probable cause to arrest him (Pen. Code, section 148).

The fact is the LAPD sergeant exercised wise discretion in deciding Miss Watts’s conduct -- although unlawful and contemptuous -- did not merit an actual arrest. The detention in the street and the temporary handcuffing was enough. So he let her go. She was lucky.


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Monday, September 22, 2014


By Richard J. Chrystie, retired Los Angeles County deputy district attorney

There are three levels of police contact with suspects. The first is the “consensual encounter.” Police can simply approach a person and ask to speak to him, ask for ID, ask to search, etc. Usually the police have some reason for doing so, such as a tip, or someone just looks mildly suspicious, but so long as they do not demand that the person stop or cooperate, no reasonable suspicion or probable cause is necessary.

The second contact is the detention. A detention requires a showing of “reasonable suspicion” of criminal conduct, as described in the quotes below. The third level of police contact is the arrest, which requires a showing of probable cause to believe the person committed a crime. Probable cause is more than reasonable suspicion.

As a practical matter, even though officers may believe they have reasonable suspicion justifying a detention, they will first try to get the suspect to stop by way of a consensual encounter. “Excuse me sir, can I talk to you for a minute?’’ as opposed to, “Police officers. Stop.” By doing this, the question of whether officers had a sufficient reasonable suspicion for a detention will not be an issue in court.

DETENTIONS: the landmark case on detentions is the U.S. Supreme Court case of Terry v. Ohio (1968) 392 U.S. 1. In it the Court said that in order to justify the “intrusion” of seizing by “accosting and restraining” an individual on the street, i.e. a detention, the police must meet the following burden:

[T]he police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion. 392 U.S. at p. 21.
The Supreme Court explained further that the legality of the seizure would be judged by an “objective standard,” to wit:
[I]t is imperative that those facts be judged against an objective standard: would the facts available to the officer at the moment of the seizure or search “warrant a man of reasonable caution in the belief” that the action taken was appropriate? 392 U.S. at pp. 21-22, cites omitted.
The Supreme Court also pointed out that society has a general interest in effective crime prevention and detection and that in recognition of this interest:
[A] police officer may, in appropriate circumstances and in an appropriate manner, approach a person for purposes of investigating possibly criminal behavior even though there is no probable cause to make an arrest. 392 U.S. at p. 22,
California Law: since Terry v. Ohio is a statement of the United States Supreme Court on a Constitutional matter, the California Courts are required to follow it.

California Supreme Court cases expressing the same position as Terry v. Ohio on detentions include In re Tony C. (1978) 21 Cal.3d 888; and People v. Souza (1994) 9 Cal.4th 224. Tony C. articulated a two-part test for a detention: “(1) that some activity relating to crime has taken place, is occurring, or is about to occur, and (2) that the person to be detained is involved in that activity.” 21 Cal.3d at p. 893. And People v. Souza expressed the following principle regarding a detention:

A detention is reasonable under the Fourth Amendment when the detaining officer can point to specific and articulable facts that, considered in light of the totality of the circumstances, provide some objective manifestation that the person detained may be involved in criminal activity. 9 Cal.4th at p. 231, underline added.
People v. Souza also quoted from the United States Supreme Court case of Alabama v. White (1990) 496 U.S. 325, 330, to the effect that “reasonable suspicion” to justify a detention is much less than probable cause for an arrest, to wit:
“[R]easonable suspicion [is] a standard less demanding than probable cause not only in the sense that reasonable suspicion can be established with information that is different in quantity or content than that required to establish probable cause, but also in the sense that reasonable suspicion can arise from information that is less reliable than that required to show probable cause.” 9 Cal.4th a pp. 230-231.
Both In re Tony C. and People v. Souza also point out that the fact there might be an innocent explanation for what the suspect is doing does not negate otherwise lawful justification for a detention, as follows:
The possibility of an innocent explanation does not deprive the officer of the capacity to entertain a reasonable suspicion of criminal conduct. Indeed, the principal function of [police] investigation is to resolve that very ambiguity and establish whether the activity is in fact legal or illegal. In re Tony C., 21 Cal.3d at p. 894, and People v. Souza, 9 Cal.4th at p. 233, underline added.
The U.S. Supreme Court also made the following observation regarding the detention of a person who turns out to be innocent in the case of Illinois v. Wardlow (2000) 528 U.S. 119, 126.
Terry [v. Ohio] accepts the risk that officers may stop innocent people. Indeed, the Fourth Amendment accepts that risk in connection with more drastic police action; persons arrested and detained on probable cause to believe they have committed a crime may turn out to be innocent.
So the fact that Daniele Watts might be completely innocent -- as Charles Belk was two weeks ago -- does not mean that the police contact with them was wrong.

911 CALLS: The California Courts have recognized the importance of officers acting on 911 calls, even if anonymous. In the case of People v. Dolly (2007) 40 Cal.4th 458, the California Supreme Court pointed out it is understandable that concerned citizens reporting crimes may wish to remain anonymous. So simply because a caller will not leave a name is not reason enough to discount the accuracy of what he or she says. The court expressed it this way.

Residents of neighborhoods are in the best position to monitor activity on the streets. But residents, also fearful of the consequences, may not always wish to identify themselves and volunteer their names. According no weight as a matter of law to such anonymous tips would only discourage concerned residents from even calling the police, would burden the rights of ordinary citizens to live in their neighborhoods without fear and intimidation, and would render citizens helpless in their efforts to restore safety and sanctity to their homes and communities. 40 Cal.4th at p. 468.
Or putting it another way: “If law enforcement could not rely on information conveyed by anonymous 911 callers, their ability to respond effectively to emergency situations would be significantly curtailed.” 40 Cal.4th at p. 467.

DEMANDING IDENTIFICATION: Regarding officers asking for -- or demanding -- identification from a detained person, the United States Supreme Court addressed this in the case of Hiibel v. Sixth Judicial District of Nevada (2004) 159 L Ed 2d 292. That case approved the arrest of a lawfully detained person for obstructing and delaying a peace officer in the performance of is duties by refusing to produce identification. Here are some relevant quotes from that case.

Our decisions make clear that questions concerning a suspect’s identity are a routine and accepted part of many Terry [v. Ohio] stops. ... If there are articulable facts supporting a reasonable suspicion that a person has committed a criminal offense, that person may be stopped in order to identify him, to question him briefly, or to detain him briefly while attempting to obtain additional information. A brief stop of a suspicious individual in order to determine his identity or to maintain the status quo momentarily while obtaining more information may be most reasonable in light of the facts known to the officer at the time. 159 L Ed 2d at pp. 302-303, internal cites and quotes omitted.
Knowledge of identity may inform an officer that a suspect is wanted for another offense, or has a record of violence or mental disorder. On the other hand, knowing identity may help clear a suspect and allow the police to concentrate their efforts elsewhere. 159 L Ed 2d at p. 303.
The principles of Terry permit a State to require a suspect to disclose his name in the course of a Terry stop. . . . The request for identity has an immediate relation to the purpose, rationale, and practical demands of a Terry stop. The threat of criminal sanction helps ensure that the request for identity does not become a legal nullity. 159 L Ed 2d at p. 304, underline added.
But the Court limited the right to arrest a detained person for failure to give his name to just those situations where knowing the person’s name would be relevant to the reason for the detention. In this regard, it said:
[A] Terry stop must be justified at its inception and reasonably related in scope to the circumstances which justified the initial stop. Under these principles, an officer may not arrest a suspect for failure to identify himself if the request for identification is not reasonably related to the circumstances justifying the stop. 159 L Ed 2d at p. 304, underline added.
So an officer can always ask a detained person for his or her identification. But the officer cannot demand identification on threat of arrest unless “the request for identification is reasonably related to the circumstances justifying the stop.” To me, this is a very vague standard, offers very little guidance to the police, and seems to contradict the earlier quotes about the importance of obtaining identification from a detained person. But it is the only standard the U.S. Supreme Court has provided, and there have been no later cases clarifying it.

So how does this all apply to the Daniele Watts situation? The officers were correct to approach Miss Watts and her boyfriend in response to the 911 call by concerned neighbors. They can tell them they got a 911 call and ask what is going on. Beyond that, I don’t know enough of the facts to determine if the demand for identification was justified under the Hiibel case. Small details can make a big difference.

My suspicion is that most officers are unaware of the Hiibel case and routinely ask identification from persons they detain and do so in a manner where the person feels compelled to produce it, i.e., “Let me see your identification.” People invariably comply so the issue of someone being arrested for refusing to produce identification just doesn’t come up. I’ve been watching for such cases ever since Hiibel was decided in 2004 and there have been no subsequent appellate cases on that issue.

In a way, it’s too bad that Miss Watts wasn’t arrested for failure to produce ID because it would have been a good test case, especially since so much of it was on tape. I can just imagine the nine Supreme Court justices listening to the tape. That would have been a good reality check on their otherwise ivory tower approach to police practices issues.

Finally, Miss Watts can be heard on the tape saying she knows her rights and doesn’t have to do what the police say. She is wrong about this. People have no right to resist in the field what they view as unlawful police conduct. They simply have to go along with it and seek their remedies in court at a later time usually by way of a civil suit against the police. The Courts have said that it is not up to citizens in the field to decide if the police are acting correctly or not.



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Sunday, September 21, 2014

Politician Accused Of Dropping Pants, Hurling Racist Slurs Dropping Out Of Race

Joseph Sorrentino (Facebook)
By Brian Amarai, Sept. 19, 2014, Nj.com

SOUTH PLAINFIELD — A borough council candidate is bowing out of his race after revelations that he allegedly shouted racist slurs while mooning patrons of a local diner.

Joe Sorrentino, in a statement released Wednesday by his Democratic ticket, said he made a "stupid mistake" seven years ago, but learned from it. Local Republicans released police reports Wednesday detailing two separate incidents at the Sherbans Diner.

"I regret what happened, and I have worked every single day to prove that I am not the man that the report says," Sorrentino said.

In 2007, police went to the Sherbans Diner to investigate a report that several men were acting disorderly -- one of the men had allegedly mooned a woman and her daughter, and used a sexist epithet to describe them. The officer arrived to find Sorrentino with his pants down, yelling the N-word through the diner window, according to the police report.

The police officer yelled at Sorrentino to stop, according to the police report. (The reports, which contain offensive language, can be found here.)


Read the full story:  www.nj.com

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Thursday, September 18, 2014

Django Actress: We Were Fully Clothed, Denies Exposing Breasts

By TMZ Staff, Sept. 17, 2014

"Django Unchained" actress Daniele Watts' BF is sticking to their story -- that they were fully clothed and NOT HAVING SEX -- and he thinks TMZ's pics of the scene prove they were only making out.

Brian Lucas tells us he and Watts found the photos of their front seat romp "quite entertaining and fascinating" -- but says there's nothing in the photos that shows them banging. He also says there are no photos of Watts' breasts exposed because it never happened ... as witnesses claim it did.

Bottom line, Lucas says there's no hard proof sex was involved ... "only assumptions."

We broke the story ... Lucas and Watts were questioned by cops who responded to reports of indecent exposure after people saw the couple going at it. Watts claimed cops were racist and roughed her up.

Lucas tells us they met with the LAPD Tuesday to give them an official statement about the incident.

Source:  www.tmz.com


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Wednesday, September 17, 2014

Pix Emerge Of Django Unchained Actress Straddling, Grinding, Boyfriend In Car

By Annabel Grossman an Michael Zennie, Sept. 17, 2014, Dailymail.co.uk




The Django Unchained actress who claimed she was harassed by LAPD officers who unfairly arrested her when she was making out with her boyfriend appears to have been doing a lot more than just kissing.

Pictures obtained by TMZ show Daniele Watts straddling her boyfriend Brian James Lucas in his car while the couple steady themselves with their hands on the car sunroof.

Eyewitness accounts suggest that Watts was grinding on top of her boyfriend with her shirt pulled up and her breasts exposed.

An eyewitness who saw the couple as he worked in a nearby office told TMZ that Lucas was sitting in the passenger seat with his feet on the curb and Watts was straddling him and rocking back and forth.

Read the full story:  www.dailymail.co.uk


Related:  TMZ: Django Actress Was Doing More Than 'Making Out'

Related:  'Django Unchained' Actress -- Getting Out of Cuffs

Related:  'Django Unchained' Actress The Racial Accusations

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We Got The Pictures AND IT LOOKS LIKE SEX

By TMZ Staff, Sept. 17, 2014, Tmz.com

The "Django Unchained" actress who cried racism against the LAPD ... claiming they harassed and hurt her because she was just making out with her white boyfriend in a car -- has some explaining to do, because we obtained pictures that seem to show A LOT more than sucking face.

The pictures were taken Thursday outside the CBS lot in Studio City. You see Daniele Watts straddling BF Brian -- their hands steadying themselves around the sunroof. 


See more pictures:  Pix Emerge Of Django Unchained Actress Straddling, Grinding, Boyfriend In Car


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