State v. Jackson
Opinions
Ross Jackson (appellant) appeals from a final judgment on two counts of encouraging another to become or remain a prostitute. We affirm.
Appellant and his wife operated two businesses in Rapid City, South Dakota, “The Playgirls Retreat Club” (Retreat Club) and “The Playgirls Dating or Escort Service” (Escort Service). The Retreat Club offered its members live dancing, hot tub relaxation, therapy and massages. The Escort Service provided its customers with dancers, models, and dates. Customers of the Escort Service were charged an agency fee of $25.00 and a commission of the total price negotiated between the customer and his escort. Appellant and his wife maintained detailed records of receipts and payroll accounts for both businesses. Appellant kept ledgers which recorded the number of dates and dancing engagements each week, of each employee, and the income from each appointment. Appellant withheld federal income tax on the employees’ gross income.
Appellant was charged in a five-count indictment with encouraging, inducing, procuring, or otherwise purposely causing Traci Sasse, Starla Storkson, and three other employees of the Escort Service, to become or remain prostitutes. On the first day of trial, the State dismissed all counts except those referring to Traci Sasse and Starla Storkson. They were granted “use and derivative use immunity” in exchange for their testimony. Both girls testified they were hired personally by appellant. In both cases, the hiring process involved a sensitivity session where appellant asked the girls to get naked and then rubbed oil on the girls and massaged their bodies. In one case, the sensitivity session ended with sexual intercourse between appellant and the hired girl. In the other case, the hiring process resulted in oral sex. In both cases, the girls were hired by appellant’s Escort Service. They were driven by him to private motel rooms to meet male customers and to perform their services. Those services consisted of nude dancing and sexual intercourse. Appellant told the girls that, once in the motel, they should play a tape recorder loudly enough to drown out their conversation with the customer concerning price, in case the room was bugged. The going price was a $25 agency fee (which went to appellant and his wife) and $50 an hour for the girl. After sexual intercourse, the girl was to fill out an identification card on each customer. The cards were filed (on a rolodex) at appellant’s house.
At trial, appellant admitted that (1) his handwriting was on the cards on the rolo-dex, (2) he participated in sensitivity sessions, (3) his girls provided their escort services at a customer’s home or private motel room, (4) he drove the girls to the motel for the “date,” (5) he checked some of the girls for electronic bugs because he did not want any police officers working for him, (6) the rolodex (and cards) were business records from his escort service, and (7) the rolodex cards contained information pertaining to the customers’ sexual desires and characteristics. Appellant told one of his employees “nobody is going to pay fifty to a hundred dollars for watching you dance.” He told another she could make more money by “being friendly.” Starla Storkson testified that she engaged in sexual activities with customers for a fee during the time she was employed by appellant. Traci Sasse also testified that on a number of occasions she had engaged in sexual activities with customers for a fee during the time she was employed by ap[343] pellant. Appellant received a percentage of these fees.
At trial, State introduced four exhibits. Exhibit 1 consisted of the handwritten set of instructions, front and back, instructing the employees on how to properly answer incoming calls from customers requesting dancers, models, or dates. It further instructed the employees on how to survey a motel parking lot for undercover police cars, how to check a given room for police surveillance equipment, and how to collect all money “up front” from the customer. Exhibit 2 was the rolodex customer file containing a physical description of each customer, where he was from, which girl he dated, and whether he was a low or high paying customer. These exhibits were seized from appellant’s home by the Rapid City Police Department, pursuant to a valid search warrant. Upon arrival at appellant’s house, the officers served an unsigned and undated copy of the search warrant upon him.
SDCL 23A-35-10 provides that a law enforcement officer taking property under a warrant must give “a copy of the warrant” to the person from whom the property is taken. The officers conducted a search of the home and seized the property authorized for seizure by the warrant. Prior to trial, appellant made a motion to suppress Exhibits 1 and 2 because the copy was unsigned and undated.
Appellant cites State v. Cochrane, 84 S.D. 527, 173 N.W.2d 495 (1970), which holds that statutes regulating searches and seizures are to be strictly construed against the state. In Cochrane, however, the original search warrant was never signed. In the case at bar, there was a valid, dated, and signed original search warrant. Appellant also received a copy of the warrant, as provided by statute, but because it was undated and unsigned, it was not a true and correct copy. Neither federal nor state constitutional provisions regulating search warrants provide for service of a copy when property is being seized. Thus, we are dealing with a statutory omission as distinguished from an error of constitutional proportions.
The copy did describe the premises being searched and the property being seized. In our opinion, this copy was in substantial compliance with the statute and the exhibits were not subject to suppression.
Footnotes
371 N.W.2d 341 (State v. Jackson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.