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  • Entrapment?

    Pretty close to the line IMO....

    ABC News story....



    Robin Garrison, an off-duty 42-year-old firefighter, was walking in Berliner Park in Columbus, Ohio, in May when he saw a woman sunbathing topless under a tree.

    He approached her and they started talking and getting comfortable, the woman smiling and resting her foot on his shoulder at one point.

    Eventually, she asked to see Garrison's penis; he unzipped his pants and complied.

    Seconds later, undercover police officers pulled up in a van and arrested Garrison; he was later charged with public indecency, a misdemeanor, based on video footage taken by cops who were targeting men having sex or masturbating in the park. While topless sunbathing is legal in the city's parks, exposing more than that is against the law.

    The case is just one of the more extreme examples of police stings aimed at luring people into committing crimes, a tactic that has resulted in hundreds of arrests, many convictions and plenty of controversy.

    Law enforcement officials say that such sting operations are an extremely effective means of lowering crime rates and stopping the criminally minded before they commit worse offenses. From early 2006 to the spring of 2007, there were 160 citations for public indecency in the city, according to an investigation by 10TV News. Among those who were caught in the stings: an Ohio State University doctor, government employees and a retired highway trooper.

    But such operations veer dangerously close to entrapment, say lawyers, civil libertarians and defendants who've been caught in sting operations.

    At Garrison's trial, his attorney argued that it was a case of entrapment. "Columbus police utilized this topless woman to snare this man," said Sam Shamansky. "He sees her day after day. He's not some seedy pervert."

    The argument failed to sway a Franklin County Municipal Court jury that found Garrison guilty of public indecency last month. He was ordered to stay away from the park, placed on a year's probation and fined $250. Currently, Garrison remains on paid desk duty while the fire department conducts an internal investigation into his behavior.

    "We want to be held to a higher standard, we are in the community every day and we put our best foot forward, but sometimes we stumble and make a mistake," said Columbus Fire Battalion Chief Doug Smith.

    Garrison could not be reached for comment.

    Shamansky plans to appeal the verdict on the grounds that the jury wasn't instructed on the definition of entrapment.
    Dr. Mordrid
    ----------------------------
    An elephant is a mouse built to government specifications.

    I carry a gun because I can't throw a rock 1,250 fps

  • #2
    That's ridiclous. He could even stand to lose his job by the sounds of it.

    Law enforcement officials say that such sting operations are an extremely effective means of lowering crime rates and stopping the criminally minded before they commit worse offenses.
    It doesn't look as though a crime was going to be comitted in the first place. That is until she talked him into pulling it out.
    God knows what she said before he agreed to show the goods.
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    • #3
      I mistrust this kind of report because it is too easy for a journalist to express a bias. From what you quoted, we have no idea of the antecedents to the case. Was the defendant specifically targeted because of previous actions? This was obviously not a casual encounter because "He sees her day after day." Has he "flashed" in the past but not been prosecuted for lack of substantial evidence?

      I agree that the use of agents provocateurs is sometimes justifiable but it is not always. In some European countries, it is rarely acceptable, whereas in the UK it is rarely inacceptable. The objective criterion is whether the accused would have committed the act had the agent not induced him into doing so. In this case, as far as we know from the report, this would appear to be the case, BUT had the police received complaints in the past about this individual's behaviour? We cannot know.
      Brian (the devil incarnate)

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      • #4
        The story doesn't give enough information. It's easy to get really riled up by these sorts of cases - I mean, which of us WOULDN'T show a little somethin' to an attractive topless woman who asked nicely? But the story doesn't add up. No ordinary woman, even the kind that sunbathes topless, would ask you to pull our your junk in public. We have no idea how they interacted or what the precedents involved are, or what his prior behavior was.

        I would want to see a lot more information before I made a judgement call on this sort of thing.

        ...

        ...

        That said, I don't think undercover police officers should be sunbathing topless.
        The Internet - where men are men, women are men, and teenage girls are FBI agents!

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        • #5
          1. no, he just wandered by as stated in the story.
          2. so he visits the park and she's there on the sting every day. Why shouldn't he have seen her?
          3. not stated either way.
          4. it wasn't targeted at him. See the part where they state 160 previous arrests of others.
          Dr. Mordrid
          ----------------------------
          An elephant is a mouse built to government specifications.

          I carry a gun because I can't throw a rock 1,250 fps

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          • #6
            Eventually, she asked to see Garrison's penis; he unzipped his pants and complied.
            At least here, she'd be arrested as well.
            "For every action, there is an equal and opposite criticism."

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            • #7
              If she asked him to, it is entrapment.

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              • #8
                I didn't see in the article whether the sunbather was an undercover cop. If so, it is clearly entrapment; an officer cannot entice a citizen to commit a crime in order to make an arrest. Vice cops have known this for years.

                If she wasn't a cop, but just a private citizen volunteering her time, then it starts getting dodgy.

                Kevin

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                • #9
                  I believe she was an undercover cop.
                  Dr. Mordrid
                  ----------------------------
                  An elephant is a mouse built to government specifications.

                  I carry a gun because I can't throw a rock 1,250 fps

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                  • #10
                    Interestingly, I thought you (Doc) had been listening to NPR.

                    They had a segment yesterday about a scheme where police in some big city were placing valuables (wallets, shopping bags, purses, etc) on benches in the subway and arresting, for larceny, people who picked them up BEFORE finding out if the were just going to turn it in to the lost and found or see if they could find some ID so they could call the owner.

                    Those police used the same story about reducing crime, but it sure sounded like they were arresting a lot of good Samaritans in the trap.
                    Chuck
                    秋音的爸爸

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                    • #11
                      From early 2006 to the spring of 2007, there were 160 citations for public indecency in the city, according to an investigation by 10TV News. Among those who were caught in the stings: an Ohio State University doctor, government employees and a retired highway trooper.
                      what a WASTE OF MONEY! to me this is unacceptable . There would be riots in Greece if something similar happened!

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                      • #12
                        He got to see someone else's woman's boobs. for free. totally worth it.
                        If he doesn't becomes someone's woman in prison, that is
                        Originally posted by Gurm
                        .. some very fair skinned women just have a nasty brown crack no matter what...

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                        • #13
                          Call me crazy Doc, but entrapment in some circumstances may be the only way to catch theves and criminals or even potentials.

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                          • #14
                            Topless sunbathing is legal in Columbus city parks????
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                            • #15
                              A "potential" criminal is not a criminal until he commits a crime.

                              So much for "innocent until proven guilty."

                              Regardless, what kind of nincompoop shows off his junk to a girl he just met in the park? Where I come from, one usually gets dinner first.

                              Kevin

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