Wednesday, February 27, 2008

Escort and 'John' arrested for prostitution; Did police go too far?

2/27/08 -- OKC, OK - Police burst in on a man and woman engaged in sex inside a hotel room, both are arrested for prostitution, the man with multiple drug complaints, but did police trash civil rights to get an arrest?

According to the official police report, two police officers were at the Value Place Inn on the I-44 service road, "investigating a separate incident."

Bobby Charles McGinnis, 32, was observed by police to enter the lobby with a woman. McGinnis asked the front desk clerk for a replacement key to his room and he and the woman made their way to the elevators.

Allegedly, an employee of the inn overheard the woman say to McGinnis, "How many students are staying at the hotel? ... I have several girlfriends that could come over and entertain them if you want. ... Let your friends know about my friends."

McGinnis reportedly works for the Oklahoma College of Construction. He and several students were assumedly staying at the inn.

The employee that had overheard McGinnis and the woman's conversation returned to the lobby and told the two police officers she believed the two were engaged in prostitution and that she wanted them off the property.

The officers and a hotel employee went to McGinnis' room to "investigate the incident."

Reportedly, after standing outside the hotel room and hearing "noises of a sexual nature" the officers used a hotel master key and opened the room door unannounced. Police "observed a male and female engaging in sexual intercourse. Both subjects were placed under arrest."

What was said by McGinnis and the woman to the arresting officers has been redacted by police headquarters.

At some point police found marijuana, methamphetamine, a brass smoking pipe and rolling papers - all allegedly belonging to McGinnis.

The woman was found to have several escort service business cards on her.

McGinnis and the woman were booked into the Oklahoma County jail on a prostitution complaint. McGinnis also faces multiple drug charges.

EDITORIAL NOTE: If the police report is complete and accurate, has to question the probable cause used to open McGinnis' hotel room and subsequently arrest the occupants, charge them with prostitution and search the room.

How is it that a 3rd party overhearing a conversation (one that did not mention payment or sex) can result in police breaching a person's reasonable expectation of privacy and conducting a warrantless no-knock search? understands the property belonged to the hotel, but imagines any criminal defense or civil rights attorney is going to have a hayday with this case.

On another side note, the woman in this story is not unknown to She drives a white luxury car, registered in her name, and has been videotaped numerous times in the company of several other prostitutes soliciting on South Robinson Ave. in South Oklahoma City - this, even though she is currently forbidden to be on South Robinson as part of her previous deferred sentence for a prostitution conviction.

At this time, neither she nor McGinnis has been officially charged with a crime in relation to this arrest.

LESSON LEARNED: Do not take the wife to Value Place Hotel and do any prostitution role playing to spark up the marriage! Also, this may be why hotel room doors have deadbolt locks or at least those chain locks.

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