Member Submission: Another unconstitutional entrapment sting – this time in Lake County
What we want the people of Lake County to understand:
Knowing that these people have been taken off the streets at night should help all of us sleep better at night. Right? No.
In these stings, they usually occur at adult-only websites where law enforcement individuals try to bait unsuspecting individuals to change from courting an adult to courting a minor. Often these individuals have no desire to hook up with a minor, but law enforcement knows all the right things to say to “pull them in”. Sometimes it takes days, weeks, and even months to get people to change from seeking an adult to seeking a minor. That is not to say that everyone arrested did not want to have sex with a minor, but many were only looking for an adult. These stings are often what many consider unconstitutional entrapments. I cannot help but notice that no information was given on the specific tactics used by law enforcement. Why?
One such questionable sting was reported on by Tampa’s CBS 10 News: https://www.wtsp.com/article/news/investigations/how-law-enforcement-turns-law-abiding-men-into-sexual-predators/67-236499759
For people who feel that these stings are making the public safer, consider what research says: Ninety-three percent of child victims know their perpetrator. https://www.rainn.org/statistics/children-and-teens
Where are the law enforcement officials who are protecting this 93%? We know of at least 45 officials in Florida who were not protecting them.
Yes and also the local news just ran the story of the 40th anniversary of Adam Walsh’s death. His Dad is John Walsh who was host for many years of America’s most wanted.
Adam’s death was a lead into future registries being formed.
https://www.msn.com/en-us/news/crime/remembering-6-year-old-adam-walsh-40-years-after-his-abduction/ar-AAMCFyI?ocid=msedgntp
JOHN WALSH IS ‘AMERICA’S MOST WANTED HYPOCRITE’ !!!!!!!!!!!
ENOUGH SAID!
Ironically, there was no indication of sexual abuse on Adam Walsh.
I heard a true crime author had a guy reach out to him who believes he’s Adam Walsh. He offered to submit DNA; However that fell on deaf ears. Could you imagine if that were true? John Walsh and company would need new pairs of underwear.
There are many reasons why a person may show up at a sting that do NOT include wanting to have sex with a minor or seeking a minor. While few people may actually believe those reasons, and the truth may not be a usable-in-court defense, that doesn’t make it less the truth.
The bottom line here is that police use tactics meant to be ambiguous, on purpose, to see who they can trap. This is a money grab for Law Enforcement. An easy way to earn federal and state funding through the ICAC grant formula laid out in the federal statutes used to create the ICAC program. Why spend time and energy investigating a real rape, which are hard to convict, even though there is an actual victim? Spend a weekend ‘chatting’ in some people who MIGHT harm a child in the future. As Washington state law enforcement point out, proactive sex stings are a “meager investment that pays huge dividends”.
NO ONE ever wants to see a child harmed, period.
But use my tax dollars to prosecute rapists and persons who have committed sexual assault, their victims deserve nothing less. Exceptional case closures are on the rise – that is unacceptable.
Lady
The point is, law enforcement is creating a crime. If they are that concerned, monitor sites kids go on and when you see someone want to meet a REAL kid, then set up the sting and have the real kid there. Once the guy or Gal steps onto the property (They can use a location not belonging to the family for privacy reasons) then nab the person.
Then a real victim exists. Not some cop pretending to be a kid and grooming a future suspect for hours trying to convince them “Come on I won’t tell, I have done it lots of times with older men”.
Mr. Jack,
I know all too well what the point is. My complaint with the writing of this member’s submission is that she clearly thinks anyone who shows up at a sting house wants to have sex with a child. Totally NOT the case. I applauded her (or his) attempt to shed light but they are doing a disservice to us all when they pigeonhole those who show up as having only one possible motive.
Never thought of it that way. Creating a crime to prevent a crime. And I thought Lady Justice was some sort of myth. Lady wisdom I can understand but it took me a hard time to find out if Red Fox actually gave that Billy Goat to aunt Esther. Guess someone’s trying to get someone’s goat or who’s playing kick the can without getting in a can.
Saddles
I have made the analogy before from my experience in law enforcement. The stings for catching drug dealers use to be done with flour as cocaine. So many cases got tossed because the person bought flour not cocaine. (Discovered after a fired cop snitched on the department and all the evidence got tested)
Anyway, going forward, most law enforcement agencies started using real confiscated drugs to catch future drug dealers so the charges would stick. So reason would state that, even though going to meet a 15 year old is NOT legal in the U.S, meeting a 31 year old pretending to be a 15 yr old and getting arrested for meeting an imaginary 15 year old, with REAL charges is insane.
My point being, why cannot the same rule be applied that did to the drugs? If I go online and say I am going to rob a bank, and say that every day on Facebook for a year. Then I cancel my account and never rob the bank and I get arrested, I think that is getting tossed by the courts. (Maybe conspiracy to commit robbery but I would opt for a trial)
One final note, I have seen cases where someone going to meet an imaginary underaged person got more time that someone who actually had sex with a minor. Again, depends on your lawyer, the prosecutor, the judge, how much money you have, the jury and even how likable or hateable the accused is.
I have always maintained that for the police to conduct stings is entrapment. The police have no business creating opportunities for people to commit crimes. They are charged with upholding the law, not engaging in criminal activity solely to arrest people.
A good example is when the police engage in drug stings, where they sell macadamia nuts to people, implying that its crack cocaine then arresting the person for purchasing an “imitation controlled substance”. Macadamia nuts are not illegal to possess, otherwise everyone buying them at the local grocery store would be arrested.
I have no problem with the police monitoring someone they suspect is involved in criminal activity, but to get involved in order to make that person cross the line is unacceptable. Police need to focus on investigating crime, not creating it.
Hi, I was an entrapment victim on 2013. I was not on Craigslist looking for a minor at all. I was looking for adult companionship. Anyway I got arrested 5 days later after they kept on insisting to meet. My question is why we haven’t file a suit on the constitutionality of this statues?? Other states like texas has something similar declared unconstitutional on 2014. Can’t we fight this on Florida ?
Because FAC is not a law firm and we don’t file suits. FAC is an advocacy group that helps facilitate suits through attorneys who are licensed to practice in our state, generally through fundraising. You can find out more information on our donations page. We have a hard enough time fundraising for the suits we have pending.
Also, in this case, which Statute, specifically, are you looking to declare unconstitutional?
Hi, yes I know that you are an advocacy. I was just asking if anyone had think about that. The statutes that are unconstitutional are the one they use the most for the online stings operations. Soliciting someone you believe is a minor. And traveling after soliciting someone you believe is a minor. It violates the rights of speech. One have the right to move and the right of speech and not being bother because of that when there was not even a victim at danger. Texas found something similar unconstitutional. The statues is 33.021(b)(1). The only way to stop these police scams is to fight them on the constitutionality of those laws.
Thanks
Good luck with your lawsuit. I was arrested in 2013 as well in an entrapment suit by answering an ad on Craigslist. My attorney said that it wasn’t entrapment. On What grounds do you plan on challenging?
From what I’m reading, what was ‘struck down’ was the overbroad terminology used. Trust me texas is still doing proactive stings and still entrapping (it most definitely is entrapment) men looking for adult companionship.
I do like the understandings of Lady Justice and Cherokee and yes making a drop on another weather it be a sting operation involving a pretender or say a sex street walker that is commissioned by law enforcement to … how do you say it… strut her stuff, bundle that with a climax of a gotcha effect, is still a sting and should be ethically unjust. Talk about a commission of a crime.
Now the FBI is in hot water over using female office staffer’s photos in “Predator” sex stings, without their consent or permission.
According to the FBI’s website, every year thousands of children become victims of “kidnappings, violent attacks, sexual abuse, or online predators.” The agency lists the investigation of child sexual exploitation through online networks among its top investigative priorities.
https://www.msn.com/en-us/news/us/fbi-used-photos-of-female-staff-members-without-written-consent-in-predator-stings-report/ar-AAMQZco?ocid=uxbndlbing