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Dead Constitution
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Title: Entrapment and the Columbus OH PD
Source: http://policestateusa.net/
URL Source: http://abcnews.go.com/TheLaw/story?id=4022717&page=1
Published: Dec 29, 2007
Author: PSUSA
Post Date: 2007-12-29 10:39:14 by PSUSA
Keywords: None
Views: 68
Comments: 3

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.

Top The Law stories Judge Throws Book At 'Tuition Bandits'Not Enough Shame for Secret Sexy Cams?Freed Convicted Murderer Could Be RetriedRelated Topics Marcus Baram Sting Libertarian Party Legal Aid Society 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.

Click for Full Text!


Poster Comment:

I guess they now have to manufacture crime so they have to SOMETHING to do... Catching speeders is boring, and drug dealers are too dangerous.

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#1. To: PSUSA (#0)

The guy's an idiot. Any woman sunbathing topless in a park is a woman a man should stay away from.

I guess his brain's in his crank. It's sure not in his head.

Fortune favors the prepared mind. A zombie, however, prefers it raw.

YertleTurtle  posted on  2007-12-29   11:15:02 ET  Reply   Trace   Private Reply  


#2. To: PSUSA (#0)

The only thing worse than the cops are the people around this area who are perfectly ok with entrapment because it's not happening to them.

"I'd like to live just long enough to be there when they cut off your head and stick it on a pike as a warning to the next ten generations that some favors come with too high a price." Vir Cotto, Babylon 5

orangedog  posted on  2007-12-29   11:31:08 ET  Reply   Trace   Private Reply  


#3. To: YertleTurtle (#1)

The guy's an idiot. Any woman sunbathing topless in a park is a woman a man should stay away from.

I guess his brain's in his crank. It's sure not in his head.

Excellent points. Well said. Sometimes, Yertle, you surprise me!

When a man who is honestly mistaken hears the truth, he will either quit being mistaken or cease to be honest.

richard9151  posted on  2007-12-29   12:09:33 ET  Reply   Trace   Private Reply  


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