Constitution Series.

Summary: Blair is arrested for a crime he often commits. Sex implied and talked about, but no graphic depictions.

Zones of Privacy

Elaina laughed as she pushed Blair onto the mattress. "You're so much more interesting than all these cops."

Blair grinned. Idaho was turning out to be much better than he'd expected. At first, he'd groaned about accompanying Jim to this stupid police conference, but Simon had insisted it would be "good for him" as an anthropologist and Jim's partner to learn about cutting-edge police procedures.

In truth, Jim just didn't want to be bored alone and he had pushed Simon into pushing Blair to go along with him. But, as it turned out, Blair was having *fun.* He'd met Elaina at the conference. She worked as a forensic scientist with the Portland P.D. She was intelligent and beautiful and had a *wonderful* sense of humor.

Unfortunately, it was his last night in Idaho. Tomorrow afternoon, he and Jim would be heading back to Cascade.

"You know, I could find my way down to Oregon sometime." Blair grinned and crawled onto the bed, leaning over her.

"I'd like that." Her fingers plucked at his shirt buttons.


A pounding woke him. He yawned and groaned, turning onto his side. His hand contacted a warm mass, and he opened his eyes. A soft, white figure lay beside him. He blinked, momentarily disorientated, then it all came back to him.

With a smile, his eyes drifted over the sleeping figure.

Knock, knock.

Elaina groaned and opened her eyes, squinting up at him. "Blair?"

He grinned and kissed her lips. "Good morning."

Knock, knock.

"Damn, who is that?" He rolled out of bed and grabbed his jeans from the floor, hastily jumping into them as he hopped toward the door. "Coming!"

Grabbing his flannel shirt and slipping into it, he peeked through the viewhole and saw a uniformed officer standing in the hallway. With a frown, he opened the door. "Yes?"

The officer stiffened, his eyes narrowing as he took in Blair's disheveled appearance. "Uh, is Elaina Jensen here?"

Blair nodded. "Yeah, just a moment."

"Oh, hi, Bob." Elaina answered.

Blair turned around to see her standing in a robe near the foot of the bed.

The officer fidgeted, glancing back and forth between the two. "Excuse me. Am I interrupting something?"

Elaina laughed. "If you'd have come last night, then you'd have interrupted something."

The officer raised his eyebrows. "You two aren't married, are you?"

"Heavens no!" Elaina chuckled, her eyes flashing to Blair.

Blair frowned. Something wasn't right about this situation. The officer looked more than just uncomfortable. He looked suspicious. "Who are you?"

The officer fidgeted again. "I'm officer Robert Bailey. I stopped by to see if Elaina was ready to check out our forensics lab. I promised her I'd show her around, but..."

Blair raised his eyebrows. "Yeah?"

"You two had sex?"

He frowned. "Well, uh, not that it's any of your business, but that's kind of obvious."

"And you are?"

"Blair Sandburg."

Bailey nodded, reaching behind his back and retrieving his cuffs. "Blair Sandburg, you're under arrest for violating Idaho Code section 18-6603. Please get your shoes on, sir."

Elaina spoke up. "Hey, what's going on here, Bob?"

Blair took a step back. "What the hell are you talking about? What's section 18-6603?"

Bailey's hand drifted to his gun. "Fornication." He took a step into the room. "Please turn around and place your hands behind your head."

"What?" Blair took another step back, glancing at his sneakers by the bed and slipping into them even as he talked.. "You're kidding me, right? This is a joke? You're not seriously arresting me because I had sex, are you?"

"Sir, please turn around and put your hands behind your head now." Officer Bailey glanced at Elaina. "Please step back, ma'am. I could take you in, too, but since you're a visiting officer, I'll let it go."

"But you're arresting me?!" Blair shook his head. "This is ridiculous."

Bailey's hand rested on his gun. "Turn around now, sir and put your hands behind your head."

Blair's eyes dropped to the officer's gun. He couldn't believe this was happening. Jim would freak. Simon would freak. How the hell had he managed to get arrested? They'd kill him. How could this be an actual law? It was absurd!

But the guy was obviously serious. He swallowed hard, his heart pounding, and turned around, placing his hands behind his head. Bailey pulled his hands behind his back and slapped the cuffs around his wrists. Blair looked at Elaina, wincing at her devastated expression. She stared at him with wide, horrified eyes.

"I'm so sorry, Blair. I didn't know... I mean... How could anybody...?"

He forced a lopsided smile. "Don't worry. It's not like this is your fault. But can you do me a favor and call my hotel room? Tell Jim what's happened."

She nodded as Bailey recited the Miranda Warnings.  Then the officer yanked him around and led him out of the hotel room.


"What?!" Jim's knuckles went white as his grip on the receiver tightened. "You've got to be kidding me?"

//"No, Detective, I'm not. God, I wish I were. This is so embarrassing. I can't believe Bailey arrested him!"//

"Me either." *Son of a bitch!* "I'm on my way to the station now. Thanks for letting me know." He hung up and snatched his keys from the desk, then rushed out of the hotel room.


A metallic *clank* caused Blair to look up from the bench in his small cell. Fortunately, he was the only occupant, but that also meant he was bored out of his mind. He'd been caged in the cell for over three hours -- after being strip-searched, fingerprinted, and photographed.

So, of course, he'd missed the plane back to Cascade. He hadn't heard from Jim yet. He'd used his phone call to dial the hotel room -- just in case -- but there'd been no answer. He hoped that meant Elaina had gotten in touch with Jim and, therefore, the Detective was on his way over to clear things up.

Undoubtedly, he'd be pissed. *But this is NOT my fault! How the hell was I supposed to know that having sex outside of marriage is illegal in Idaho?*

Footsteps echoed through the empty chambers, and a blue-clad officer stopped in front of Blair's cells. Keys jangled, then the door slid open and Blair rose from the bench.

The officer waved him out. "Your friend paid your bail."

Blair breathed a sigh of relief. *Thank you, Jim.*


Jim cocked his head, hearing the dual set of footsteps drum on the floor behind the closed door. He took a deep breath, trying to will himself calm. He couldn't believe the insanity of this town. Like they didn't have *real* crimes to prosecute.

And all this because he'd finagled Blair into accompanying him to this damn conference. *If I'd just backed off, he'd be back in Cascade right now. But, no, I dragged him along to this stupid police conference and he gets arrested for having sex. SEX?! Jackass cop. Stupid politicians. Who the hell MAKES these laws?*

The door opened and he stepped forward as the officer guided Blair into the waiting room. Jim did a quick sensory sweep of his partner, finding his heartbeat elevated and his breathing a bit erratic. His eyes were tinged with red, and his cheeks flushed. His head hung low, his gaze focused on the floor.

*Awww, hell. He's ashamed.* Jim forced every ounce of anger from his expression, not wanting Blair to misconstrue the emotion and think it directed at him. "How you doing, Chief?"

Blair shrugged one shoulder. "Been better."

With a strained smile, Jim glanced at the officer, hoping his gaze held just enough fury to get his message across. Then he smiled again and placed a gentle hand on Sandburg's shoulder. "Come on, Chief. I pulled some strings. Tomorrow morning you've got an appearance before the judge."

Blair's head shot up. "J-Judge? They're really gonna prosecute me on this?" He glanced anxiously back at the officer, then back at Jim. "What's the, uh, penalty?"

Jim sighed. "Three hundred dollars and/or six months in jail."

Sandgurg paled. "Jail? I could go to jail for six months?!"

Jim's jaw twitched. "Not if I have anything to say about it, Chief."


The phone rang and Captain Simon Banks snatched up the receiver. "Banks, Major Crime."

//"Captain, it's Jim. I paid Blair's bail. They got him a spot before the judge tomorrow morning. Thank you, sir."//

Simon nodded. "Glad I could help. I don't mind throwing my weight around from this end, especially for the kid. Hell, I feel guilty enough as it is."

//"I know. Me too, sir."//

"Something like this would *only* happen to Sandburg. It's like he's got Cosmic Bad Luck."

//"Tell me about it."//

"How is he?"

//"Not too happy. He's been kind of quiet all day. Right now he's in the shower. He's worried about how this is gonna affect his school. He's worried about going to jail. Basically, he's just worried. Can't say that I blame him. I don't think Rainier will be too accommodating when they hear he has to take six months off because he'll be in jail."//

Simon's stomach churned and he took a deep breath. "Damn. Six months? I'll throw my weight around some more. Make a fuss. I'll do my damnedest to make sure Cascade gets its favorite anthropologist back."

//"Thank you, sir. I hope you don't mind, but I'm staying here until this thing is resolved."//

"Hell, of course I don't mind, Ellison! Just keep me informed. Now, excuse me. I'm going to start making phone calls and yelling."


The food arrived just as Blair finished his shower. Jim paid the delivery boy and took the Chinese food, then shut the door. Sandburg shuffled to his bed, scrubbing his hair dry with one of the hotel's white towels.

Jim held out the box of rice. "Dinner is served."

Blair draped the towel across his shoulders. "Awww, geez, Jim. You should have told me you were ordering dinner. I would have told you not to worry about me. I'm just not hungry right now."

Jim walked up to his friend and dangled the box of rice in front of his face. "Eat, Sandburg. You haven't had anything all day."

Blair shook his head and dropped onto the edge of the mattress. "I'm really not into food at the moment. My stomach's all in knots."

With a sigh, Jim placed the food on the bureau and dragged the desk chair to the foot of the bed, then straddled the seat and draped his arms over the back as he faced his friend. "Simon and I are working on this. It'll be okay, Chief. Okay?"

Blair swallowed, his Adam's apple bobbing. He kept his gaze focused on the floor. "And what if it isn't? What if I get jail time? What am I gonna do about school? What about you? I'll have to stay here and you'll be alone in the field." His face darkened and he looked up, anger flashing in his eyes. "All because some stupid law that shouldn't even be on the books!" He sprang off the mattress and began pacing, running his fingers through his wet curls. "This can't be Constitutional, man! I mean, who the hell do they think they are? Elaina and I are consenting adults. How the hell do they have the right to tell us we can't have sex? That only married people can have sex? I bet homosexuality is illegal here, too! What a joke! Drug dealers and murderers are probably getting away while the cops are busy sticking their noses into the bedroom arresting people for having sex!"

Jim sat silently, watching his partner pace, letting him blow off steam. He had a lot of steam himself to blow off, but he couldn't afford to repair the hole in the wall if he indulged that urge.


"Do you wish to enter a plea at this time?"

Blair glanced at his public defender, then at Jim seated in the first row of the small courtroom, then back at the judge. Jim and Simon had spent the past few hours raising a lot of hell, and the prosecutor had finally caved. He just hoped the judge went along with it because he couldn't go to jail. He just *couldn't.* It would mean he'd probably get suspended from Rainier. Maybe even expelled. Six months? God!

He swallowed hard. "No contest, Your Honor."

The judge nodded. "You realize a plea of nolo contendre carries with it the same weight and consequences as a guilty plea?"

Blair nodded. "Yes, Your Honor."

"Do you have any questions?"


The judge nodded. "Very well. This court imposes a fine of $300 for violation of section 18-6603."

Blair's shoulders sagged with relief. "Thank you, Your Honor."


It was raining in Cascade. *Figures.* Blair sighed as the elevator doors opened and he followed Jim to the bullpen. God, what a miserable few days it had been. And now here he was having to step foot in the bullpen knowing that *everyone* probably knew what had happened.

What could be more embarrassing than being arrested for having sex?

He lowered his gaze and braced himself as he walked through the doorway, expecting to hear the snide remarks. The jokes. The editorial comments. Cops could be crude, after all.

But none came. In fact, it was suspiciously silent. He looked up. Oh God, it was worse than he thought. Instead of snickers and snide remarks, they were all looking at him. Silent. Watchful. Brown. Rafe. Joel. Megan. They were all staring at him, and he cringed inwardly from the mixture of concern and uncertainty in their eyes, like they wanted to say something, but didn't know what.

His chest tightened and his eyes flashed to Jim. *I'm out of here in five seconds, man.*

A door opened, and a deep, familiar voice resonated through the bullpen. "Sandburg."

Blair cleared his throat and turned toward the captain. "Y-Yes, sir?"

"How long have you been an observer here?"

Blair straightened. *Here it comes. I'm out. No more observer status.* "Almost three years, Captain."

Simon nodded, his face grim. "Well, let's see if you've learned anything. There are four women each standing on opposite street corners, all holding brown burlap sacks. How can you tell which one is the prostitute?"

Blair frowned, his brow creasing. What kind of question was that? A sex joke? He hadn't expected to be made fun of by Simon. He glanced at Jim, but the Sentinel only shrugged.

With a resigned sigh, Blair looked back at the Captain. "I don't know. How, sir?"

Simon raised his eyebrows. "The one whos sack says 'I Da Ho!'"

For a moment, Blair just stood there. Then his lips twitched. Then he chuckled. Finally, the bullpen busted into laughter and he let go, joining in and shaking his head. "Oh man, Simon, that's, like, the most politically *incorrect* joke I've heard in a long time!"



Okay, now, please... all you Idaho folks, don't kill me! LOL! I just did a random search to find a state that has such a law and Idaho popped up and it's close to Washington, so I used it! :-)

Which means that Jim and Blair in all those slash stories would be breaking the law in 23 states. Ten yrs ago, the U.S. Supreme Court, in a close 5-4 decision, upheld a criminal statute whereby a homosexual male was charged with sodomy. One supreme court justice said that homosexuality has been considered "worse than rape." Georgia later declared the statute unconstitutional under it's State constitution.

The title, Zones of Privacy, come from a collection of Supreme Court cases ruling that the Constitution protects certain Zones of Privacy (like family, marriage, and procreation) where the State cannot intrude with a compelling State interest.

Justice Powell was the Fifth vote upholding that GA statute. When questioned later, he said he changed his mind. Why? One of his clerks came up to him before the decision was published and asked him how he could vote to uphold the statute. He said, "I don't know any gays. Do you?" She then told him all his previous clerks that were gay. When he realized that there actually were a lot of homosexual males "out there" and that his decision would be affecting real people who he knew, he said he changed his mind, but he didn't change the opinion b/c he felt he'd already submitted it and was bound to stick to it (even though it had yet to be published).

These type of statutes are upheld b/c the Constitution does not specifically protect such things and "tradition" shows that fornication and homosexuality have never been considered "fundamental rights"

Might that view change today if the U.S. Supreme Court took another similar case? I think *maybe* it would.

I.C. 18-6603
18-6603 Fornication.

Any unmarried person who shall have sexual intercourse with an unmarried person of the opposite sex shall be deemed guilty of fornication, and, upon conviction thereof, shall be punished by a fine of not more than $300 or by imprisonment for not more than six months or by both such fine and imprisonment; provided, that the sentence imposed or any part thereof may be suspended with or without probation in the discretion of the court.

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