Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
Never Forget: The NYPD Arrests People Caught Carrying Condoms
By
Ben Yakas
Published Mar 6, 2013
Modified Mar 6, 2013
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
By
Ben Yakas
Published Mar 6, 2013
Modified Mar 6, 2013
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
The Village Voice and Vice both have feature stories this week all about how you can be arrested for carrying condoms, because they can be used by the police as evidence of prostitution. Which is, unfortunately, nothing new: it's a much criticized tactic that the NYPD have been using for years. The Voice does bring up an interesting question though: if a person is in possession of a condom distributed by NYC and they are then arrested with that condom used as major evidence, does it count as "entrapment"?
While it seems unlikely that this argument could fly (the Voice really just tiptoes around the idea), the Department of Health could try to put increased pressure on the city, considering it's making their program look bad. There is one major potential solution to this issue: the “No Condoms As Evidence Bill” was reintroduced in mid-January by Queens Democratic assemblywoman Barbara M. Clark and Brooklyn Democratic state senator Velmanette Montgomery, who first introduced the legislation in 1999.
But the Voice also includes this interesting anecdote that suggests there are still some level-headed judges out there who can see the difference between prostitution and CondAM:
In one such case, in January 2011, the prosecutor, Assistant District Attorney Matthew McKenzie, attempted to use the possession of a single, wrapped condom as evidence for prostitution. Judge Richard Weinberg, then the presiding judge at Midtown Community Court, said, according to court transcripts, “I find nothing wrong. I find no probative value at all in finding a condom.” After the prosecutor pushed further for conviction, Weinberg pushed back. “In the age of AIDS and HIV,” he said, “if people are sexually active at a certain age and they are not walking around with condoms, they are fools.” Case closed.
To check out some more statistics and accounts of these types of arrests, check out the http://www.prosnetworknyc.org/">PROS Network's Public Health Crisis study from April 2012 below:
Tagged
condom
condoms
cops
evidence
law
nypd
police
prostitution
Ben Yakas
Ben Yakas is a former Gothamist reporter.
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
DSA to Mamdani: Fire NYPD commissioner if ICE doesn't leave NYC
The DSA's NYC chapter accused the NYPD of collaborating with ICE and demanded Mayor Mamdani hold Police Commissioner Jessica Tisch responsible.
By
Elizabeth Kim
,
Brigid Bergin
and
Ben Feuerherd
Published Oct 9, 2026 at 6:31 p.m. ET
Two people killed in Bronx vehicle crash
When officers arrived on the scene in Allerton Friday afternoon, they found three pedestrians who were unconscious with trauma to the head and body, according to the NYPD. Two individuals later died.
By
Kaya Laterman
News
Two people killed in Bronx vehicle crash
When officers arrived on the scene in Allerton Friday afternoon, they found three pedestrians who were unconscious with trauma to the head and body, according to the NYPD. Two individuals later died.
By
Kaya Laterman
NY will opt in Trump’s school choice program, Hochul says
By
Jon Campbell
Residents, lawmakers warned for months of potential for deadly ICE activity in Marble Hill
By
David Brand
Manhattan DA argues judge shouldn't dismiss state charges against Luigi Mangione
By
Samantha Max
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .