Michael A Haber PA Criminal DUI Defense Litigation Miami Blog

Pair arrested for having oral sex in a moving vehicle by cop in Kenner, Louisiana

At about 10:00 pm on New Year's Day (January 1st, 2015) a Kenner, LA cop on routine patrol observed a vehicle approach in the opposite direction with no headlights on.  As the vehicle passed one another the officer observed some one's head "moving in an up and down motion" in the driver's lap while the driver was reclined.  Not insignificantly the officer claims that this activity could be plainly seen by either pedestrians or other passers-by (I'll explain why, or try anyhow, shortly).  So, Officer Not-So-Friendly whips a U, activates his emergency equipment and, during the 4 or so blocks that it allegedly takes for the vehicle to stop claims to have observed the passenger "scramble" about the vehicle as she made her way back to her own seat.

After both corroborating physical appearance (Mario exited the vehicle with his pants hanging 4-5 inches below his waist with a bugle at the bottom of his pants leg which turned out to be his underwear) and botched explanations (Mario initially claimed that his passenger was "a friend" but eventually changed his story, stating that she had asked for a ride and he agreed in exchange for oral sex) Mario was arrested for "obscenity, prostitution, crimes against nature, driving with no license, failure to obey a police officer, failure to use headlights and having no vehicle registration" - Mario also had a fugitive warrant).  Arletha, on the other hand, denied Mario's allegation, claiming that she "would never" perform such an act on Mario because "she didn't even know him".  Not withstanding her demur, Arletha was arrested for "prostitution, obscenity, crimes against nature and four traffic infractions". 

I am not a Louisiana lawyer and cannot comment on matters of either Louisiana law or procedure, but I do remember learning something about Louisiana subscribing to the Napoleonic Code, and that doesn't sound to me like a good thing.  Regardless, any State that considers a blow job a "crime against nature" is pure poison in my book.  Still...

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