TheAgitator.com
Man Arrested for Being Naked in His Own Kitchen
Wednesday, October 21st, 2009Springfield, Virginia resident Eric Williamson was arrested and charged with indecent exposure yesterday for failing to put on any clothes after getting up at 5:30 am to make some coffee. A woman and her 7-year-old daughter had cut across Williamson’s front yard and saw him through his kitchen window.
If convicted, Williamson could be fined $2,000 and spend a year in jail.
Fairfax police say Williamson wanted to be seen naked. Which I guess means Williamson’s front yard is a pretty popular spot at 5:30 in the morning.
We live in the first 50 years of the entire history of the world where you have not seen almost all of your neighbors naked.
We go from dad taking the first bath in the back yard followed my mom and the kids, all in view of the neighbors to putting people in jail for not adequately covering their tiny-parts at all times, even in private if there is the slightest possibility they may be spied.
My grandfather tells me of his swimming lessons at the YMCA in the 40′s. Bathing suits not allowed.
It blows my mind.
I think at 5:30 in the morning in your own home that you have some reasonable expectation of privacy.
BTW are there charges pending against the woman for looking in someone’s window at 5:30 in the morning from the homeowners yard? How about trespassing?
The only crime I see here is trespassing. ;-)
I do wonder WTH this (nosy?) woman was thinking when she decided to call the cops? And WTH were the cops thinking when they decided this was a good use of their time?
Just imagine if the genders were reversed — a man, trespassing, sees a woman naked in her kitchen. What’s the likelihood she would be charged?
I do that at least once a week. Good thing I have a long driveway I guess.
The mother and daughter should be convicted of peeping and listed in the sexual offender registry of their state.
Just imagine if the genders were reversed — a man, trespassing, sees a woman naked in her kitchen. What’s the likelihood she would be charged?
Not relevant. The call wouldn’t have been made in the first place…
[...] Dead Donut Grazers By jbiii Radley has it, best I can tell, first online. I saw it awhile back on the non-existent network (according [...]
Apply that to a lot of scenarios and you get the same thing. Women get away with a lot of things that men don’t from disobeying court orders to let their ex-husbands see their kids, to murder. Our society mouths platitudes about female equality, but hasn’t come even close to making women feel the full force the law the way men do.
One might be forgiven for thinking that that’s because most people, men and women alike, don’t believe that women are really as capable of responsibility as men.
I guess he’s lucky he didn’t have a cigarette while making his coffee. Then he’d REALLY be in trouble.
:)
#2
I used to think that you had a reasonable expectation of privacy in your own home at any time of day, any day of the year. I guess I was wrong.
#10,
Or was cleaning a Big Scary Semiautomatic Rifle (aka “assault rifle”).
They should release this woman’s name so the world can see what a douche she is. Not to mention a peeper and trespasser.
In all seriousness, I would really like to hear what she would have to say regarding her actions. If she agreed to be interviewed that is.
This is a crime where they have to prove intent, which is why they are saying all of that right now. Seems like luckily he has a good case for proving it was not his intent to expose himself, but cops are rewarded for arrests so….
What the hell is up with these kitchen windows that they can see hsi junk in them?
The cops were thinking “Woot! More citations, more criminality, more fines to fill the coffers of our fine department.”
And since he was charged, you also have the prosecutors thinking “Woo! Easy plea deal on this one, another one in my ‘win’ column!”
I’m curious as to whether this is a felony or misdemeanor?
I thought cops are not suppose to take action they did not witness in misdemeanors, because of the possible use of such tactics by people with beefs against the accused.
VA Statute. A misdemeanor.
It was pretty dark in my front yard at 5:30 on Monday morning. Well I actually don’t get up until 6:30 but I assume..anyway I wouldn’t have been able to tell weather there were or were not people standing in my front yard. I just hope for his sake that the missile had been disarmed by the time he got to making coffee.
5:30? Coffee?? Naked???
This guy’s ideas are intriguing to me, and I wish to subscribe to his newsletter.
5:30? Coffee?? Naked???
This guy’s ideas are intriguing to me, and I wish to subscribe to his newsletter.
Oops, double post. I blame Obama.
Radley,
The article says it was a 7-year old boy, not daughter.
WTF no video?
MacK:
You’re right. Generally they would have to have an arrest warrant signed by a magistrate in order to affect an arrest on a misdemeanor
that the officer did not witness. Although the specifics vary by jurisdiction. So it seems rather likely that either a) a magistrate signed off on this, or b) the officer made an arrest without a warrant where a warrant was required.
Come on! It was to protect the children!
Actually this guy is going to be lucky if he doesn’t end up on the sex offender list.
Actually this guy is going to be lucky if he doesn’t end up on the sex offender list.
Yeah I was wondering about that myself.
Hell he could get charged with child molestation–the legal definition of that is pretty vague, something along the lines of any indecent act committed in the presence of a child for either the actor’s or child’s sexual gratification.
From the last line of the article:
Good luck proving that one.
Nobody mentioned the lighting necessary to see into a home at 5:30 in the morning from the yard.
It was dark outside, so he probably had the light on, making it easy to see inside. That’s why I always pull the shades during my erotic coffee brewing.
But, no, American’s aren’t suffering from any kind of sex hysteria, right?
If this were really the Land of the Free, American’s would throw any politician out of office who proposed a criminally enforced dress code in public, much less in one’s own home. And, a dress code is exactly what laws against nudity are.
I look at stuff like this and I think, in the end, we’re going to get exactly what we deserve (“good and hard” as Mencken).
#21
And Obama will just blame Fox News. So there you have it; it’s all Glenn Beck’s fault. :)
My grandfather tells me of his swimming lessons at the YMCA in the 40’s. Bathing suits not allowed.
That’s because the filters used in swimming pools at the time couldn’t handle the lint.
There’s a simple solution. He can sue them for trespassing.
“Hi Officer, my 7 year old daughter and I were TRESPASSING at FIVE THIRTY IN THE MORNING and saw a naked man INSIDE HIS OWN HOME. Obviously he was trying to expose himself to my daughter. I’d like to press charges.”
Unbelievable.
Mack and Ogre,
Maybe VA is different but officers can make an arrest on a misdemeonar that they did not witness. Shoplifting is a good example. They just have to have a complaining witness. That witness will have to go to court to testify what they saw. But yes they can arrest without a warrant or having witnessed in may cases. Though again VA may be different.
So we have a bitch who was trespassing, peeping, and contributing to the delinquency of a minor, and it’s the RESIDENT who was arrested?
Obviously Fairfax County Po-Lice don’t have anything better to do than kill gamblers and arrest people for being naked.
More coverage from Fox News, apparently it took six police officers and a “no knock” raid to bring this “perv” to justice…
http://www.foxnews.com/video2/video08.html?maven_referralObject=10871192&maven_referralPlaylistId=&sRevUrl=http://www.foxnews.com/
I have been reading all sorts of incidents where innocent citizens get the ole Soviet treatment.
It is becoming desperately more expensive for cities and towns to support their donut grazers . . . er . . . police.
DA’s, too. So whatever raises the bucks.
And having an uncle and a very good friend who were partial to donuts as a career told me just that. Hook ‘em (us) for anything, and get the bucks. Follow the money–always.
Since this is a public topic, I suppose it invites public opinion…
If you know you walk around naked in your home, have the decency to close your window shades. Hello! Sure, he should have thought about this, but how clear are you when you haven’t had your first cup of coffee…
If it’s 530 am in the morning, obviously intent just isn’t there, the officers should have issued a warning, not an arrest (provided there were no prior records of such activity). This obvious waste of taxpayer money should incite some sort of reprimand and retraining.
Citizens have traffic school, why shouldn’t officers have similar obligations for such incidents? With power comes a higher level of responsibility.
As for the parent and child, they should be cited for trespassing. If you are going to issue misdemeanors, issue them fairly all the way around. They were not invited, especially at 530 am in the morning! People should have a reasonable expectation of privacy in and around their own homes. If you can see something you shouldn’t from a public way or your property, politely let your neighbor know–it’s called being neighbors!!! As a parent you have an obligation to not invite your child to break the law with you—including trespassing. Parents, take responsibility–hello!
This all appears to simply be a case of neighbors not being neighborly, and what a mess that becomes…
8:40 on a school morning would be much different than 5:30, but with no evidence… case shouldn’t go anywhere (hopefully).
“Fairfax police say Williamson wanted to be seen naked”…I say that Fairfax police are just jealous that THEY did not get to see him naked as I am convinced 90% of cops are closet homosexuals with gun fetishes and that all they secretly listen to Boy George and Barbara Streisand exclusively on their Ipods while indulging their closet leather boy fantasies with prosecutors and other members of law enforcement in secret clubs known only by them with names like “The Nightstick” and “The Blue Boy’s Brown Eye” …not that there’s anything wrong with that…. : )
That’s my theory and I’m sticking with it until convinced otherwise.
Maybe we should be like so many other countries and not wear clothes so much so people will realize that everyone is naked in their own homes
Give me a break, waste of tax payers money and time…………
Crap, I can be arrested every day. I wake up early, get dressed and walk the dog. Then I open my patio sliding glass door so the little beast has time to poop one more time while I shower, make coffee and get dressed. Someone would have to be looking directly into my living room to see me, but the chance is there. Can’t I charge whoever might catch me with being a peeping tom?
I’ve seen people that look naked at first glance. But it takes a longer stare to realize that they have flesh colored panties or a speedo or they were moving too fast and I didn’t see it right.
I wonder how long she and her daughter stared through that window before they firmly established that there was a penis under all that pubic hair and it wasn’t just a small pair of dark underwear.
Other versions of the story make the case sound a lot weirder.
I guess I could have been arrested when a hottie neighbor busted me through a glass door as I was cleaning floors naked… fortunately I believe she was too busy convulsing in laughter at my instantaneous embarassment to call the cops….
Did she report him through iWatch?
How is this not hearsay from that woman (trespasser)?
http://www.komonews.com/news/local/5820376.html
I’m going to start a band called The Ganderers. Our first single will be called “I Saw You Naked As I Crossed Your Lawn (So Of Course I Called The Cops).”
Yes, it will be a country & western band.
What was a mom and kid doing up that early in the morning anyway?
If my home was overlooked then I would have the blinds pulled if I needed the lights on in the house then everyone would be happy.
Waste93:
Sure it varies from state to state, but the ‘general’ rule is that an arrest warrant is needed to make an arrest on a misdemanor charge where the offence was not committed in the presence of an officer. There are various exceptions to this of course. One is ‘fresh pursuit.’ Many shoplifting statutes specifically provide for allowing a warrantless arrest so long as there is probable cause supported by the merchant’s statements. Another big one of course is ‘exigent circumstances,’ particularly where not making an immediate arrest would lead to the loss of critical evidence or escape of the suspect. Making an arrest in a residence almost always requires an arrest warrant, even for felonies, unless there are exigent circumstances, and this requirement is particularly tough to overcome in misdemeanor cases (fresh pursuit often won’t suffice to allow entry into a residence to affect a warrantless arrest on a misdemeanor.)
Given this case, there doesn’t seem to be any possible exigent circumstances that could apply, certainly no fresh pursuit, and its a misdemeanor charge. An arrest warrant is almost certainly required here, especially if they sought to arrest him at his or another’s residence.
But make no mistake, getting a warrant is usually a ‘rubber stamp’ process, so unless something jumps out at the magistrate suggesting that theres some serious problem, an officer can get an arrest warrant with little trouble.
Ogre,
We may be confusing terms here and again there use could vary by state. Exigent Circumstance and Fresh Pursuit I don’t think allow warrantless arrests. They are used to denote when officers can enter a residence or location without a search warrant.
I’m in CO. Here officers can make warrantless misdemeanor arrests. Another example is most Domestic Violence charges are misdemeanors and usually not commited in the presence of officers. Here a warrant is generally asked for when the suspect can not be located by the officer to effect an arrest in a timely manner. For some charges the officer must fill out a Probable Cause Statement for a Warrantless Arrest to include in their paper work. However when this is needed depends on the charges.
Again each state is different. I don’t know VA rules in regards to this however nothing in the story indicates there is a contention that the arrest was illegal because of lack of a warrant.
The rule about needing a warrant to be arrested in your own residence is also state specific. In CO it happens on a regular basis.
Nando,
It’s not hearsay because the trespasser personally witnessed it. Hearsay would be if she had been told by someone else that they had seen the man naked and she called the cops then. Basically it’s heasay when they say ‘ someone told me that… ‘ . If they personally witnessed the event then it isn’t hearsay.
The news this morning is saying the woman that was in naked man’s yard is also the wife of a county sheriff. Hmmm…. Also mentioned that police are talking to neighbors on the street looking for somebody that will say they have also seen him naked.
Sounds like a fishing expedition, sounds fishy in general. I get the feeling that the county is going to pay big $ in a civil suit down the road.
What if the guy represented himself
and showed up to court … naked.
That would be freaking trippy.
Waste93:
No I’m not confusing arrest warrants and search warrants. Exigent circumstances is an exception to the warrant requirement for both an arrest warrant and a search warrant; although its meaning will be slightly different in the particulars for each context, the gist is the same. Fresh pursuit is a relatively universal exception to the warrant requirement for an arrest warrant. You may want to check out the Colorado Revised Statatutes 16-3-102; according to the annotations, the Colorado courts use those terms as well. (Note that Colorado law permits a warrantless arrest of a misdemeanor suspect even if the offense occurred outside of the officer’s presence, but it requires PC both as to the commission of the offense AND to the suspect having committed the offense. Also note that notwithstanding this, an arrest warrant is still needed in Colorado to make entry into a residence, with certain exceptions applying such as consent or exigent circumstances.)
Most states are not as lax as Colorado when it comes to permitting warrantless arrests. What you’ll find in most states is a general prohibition against all warrantless arrests, with noted exceptions such as the offense is a felony, immediate danger, breach of the peace, exigent circumstnaces, fresh pursuit, or the offense was committed in the officer’s presence. Additionally, most states also allow warrantless arrests in specific circumstances as set forth in statute, most common are shoplifting, domestic violence, and DUI related crimes.
Regardless of any particular state law, all arrests must be supported by probable cause, as required by the Fourth Amendment.
I don’t know the particulars of Virginia’s warrant requirements, but I’m a practicing criminal defense attorney (and former prosecutor) in West Virginia, and our laws tend to be rather similar. (We were one state until only 140 years ago…) I am quite familiar with West Virginia’s laws on this subject, and even once got a battery of an officer charge dismissed because the officer entered a residence without a warrant to effect a misdemeanor charge for which no exception to the warrant requirement applied.
My point in the previous posts was not that the arrest was not lawful, but that it is quite possible that it was pursuant to an arrest warrant. Which means some silly magistrate agreed that this was a situation where probable cause existed that a crime was committed.
Technically, I think the woman and the child should be arrested for not only trespassing, but peeping. The cop involved in the illegal arrest of this man, should be arrested for, false arrest, breaking & entering, kidnapping, & unlawful arrest.
She should be charged with trespassing and peeping tom! He was in his on home for god sake!
If the judge in this case has any integrity, he will throw this thing out of his courtroom, without further comment………Next case!