Topless Woman Lures Perverts in Police Sting

HeXploiT

Diamond Member
Jun 11, 2004
4,359
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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.

Continued at abc news

I am astonished that law enforcement can get away with this as it is so obviously entrapment.
 

bamacre

Lifer
Jul 1, 2004
21,029
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I don't know if it is entrapment, but this is fucking wrong. Pathetic. Don't the cops have something better to do?
 

Saint Michael

Golden Member
Aug 4, 2007
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Originally posted by: bamacre
I don't know if it is entrapment, but this is fucking wrong. Pathetic. Don't the cops have something better to do?

Yeah, but it's harder to do their jobs for real so they milk off the public teat along the path of least resistance.
 

BoomerD

No Lifer
Feb 26, 2006
65,784
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I don't think it actually qualifies as entrapment, but it's dammed sure WRONG IMO.

http://www.lectlaw.com/def/e024.htm
"ENTRAPMENT - A person is 'entrapped' when he is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit; and the law as a matter of policy forbids conviction in such a case.

However, there is no entrapment where a person is ready and willing to break the law and the Government agents merely provide what appears to be a favorable opportunity for the person to commit the crime. For example, it is not entrapment for a Government agent to pretend to be someone else and to offer, either directly or through an informer or other decoy, to engage in an unlawful transaction with the person. So, a person would not be a victim of entrapment if the person was ready, willing and able to commit the crime charged in the indictment whenever opportunity was afforded, and that Government officers or their agents did no more than offer an opportunity.

On the other hand, if the evidence leaves a reasonable doubt whether the person had any intent to commit the crime except for inducement or persuasion on the part of some Government officer or agent, then the person is not guilty.

In slightly different words: Even though someone may have [sold drugs], as charged by the government, if it was the result of entrapment then he is not guilty. Government agents entrapped him if three things occurred:

- First, the idea for committing the crime came from the government agents and not from the person accused of the crime.

- Second, the government agents then persuaded or talked the person into committing the crime. Simply giving him the opportunity to commit the crime is not the same as persuading him to commit the crime.

- And third, the person was not ready and willing to commit the crime before the government agents spoke with him.

On the issue of entrapment the government must prove beyond a reasonable doubt that the defendant was not entrapped by government agents. "



Entrapment might be dammed near impossible to prove in this case, especially when you consider WHY they had the sting operation in place...HOWEVER, I'm of the opinion that many sting operations do come awfully close to entrapment...but again, it'd almost impossible to actually prove.
 

jhu

Lifer
Oct 10, 1999
11,918
9
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Originally posted by: BoomerD

In slightly different words: Even though someone may have [sold drugs], as charged by the government, if it was the result of entrapment then he is not guilty. Government agents entrapped him if three things occurred:

- First, the idea for committing the crime came from the government agents and not from the person accused of the crime.

check

Originally posted by: BoomerD
- Second, the government agents then persuaded or talked the person into committing the crime. Simply giving him the opportunity to commit the crime is not the same as persuading him to commit the crime.
check

Originally posted by: BoomerD
- And third, the person was not ready and willing to commit the crime before the government agents spoke with him.
check

sounds like entrapment to me

 

Vic

Elite Member
Jun 12, 2001
50,422
14,337
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Meh. It's not entrapment, there's no crime. They didn't even talk money from what I read. He probably he just thought was gonna score in the park. Would that have been a crime?
 

Jaskalas

Lifer
Jun 23, 2004
35,283
9,479
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Originally posted by: jhu
Originally posted by: BoomerD

In slightly different words: Even though someone may have [sold drugs], as charged by the government, if it was the result of entrapment then he is not guilty. Government agents entrapped him if three things occurred:

- First, the idea for committing the crime came from the government agents and not from the person accused of the crime.

check

Originally posted by: BoomerD
- Second, the government agents then persuaded or talked the person into committing the crime. Simply giving him the opportunity to commit the crime is not the same as persuading him to commit the crime.
check

Originally posted by: BoomerD
- And third, the person was not ready and willing to commit the crime before the government agents spoke with him.
check

sounds like entrapment to me

Great, but they'll continue to do it regardless. No one cares enough to stop them.
 

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
Originally posted by: Jaskalas
Originally posted by: jhu
Originally posted by: BoomerD

In slightly different words: Even though someone may have [sold drugs], as charged by the government, if it was the result of entrapment then he is not guilty. Government agents entrapped him if three things occurred:

- First, the idea for committing the crime came from the government agents and not from the person accused of the crime.

check

Originally posted by: BoomerD
- Second, the government agents then persuaded or talked the person into committing the crime. Simply giving him the opportunity to commit the crime is not the same as persuading him to commit the crime.
check

Originally posted by: BoomerD
- And third, the person was not ready and willing to commit the crime before the government agents spoke with him.
check

sounds like entrapment to me

Great, but they'll continue to do it regardless. No one cares enough to stop them.

I care. The problem IMO is the idea that he was actually being entrapped. Suppose this took place at a bar instead of in the park.... ?
 

babylon5

Golden Member
Dec 11, 2000
1,363
1
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"The argument failed to sway a Franklin County Municipal Court jury that found Garrison guilty of public indecency last month"

I have no faith in our jury system at all. People are stupid, lawyers manipulate. But we Americans have to believe our system is #1 just like everything.
 

Noobtastic

Banned
Jul 9, 2005
3,721
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0
Originally posted by: Vic
Meh. It's not entrapment, there's no crime. They didn't even talk money from what I read. He probably he just thought was gonna score in the park. Would that have been a crime?

Exactly.

 

aidanjm

Lifer
Aug 9, 2004
12,411
2
0
Originally posted by: Vic
Meh. It's not entrapment, there's no crime. They didn't even talk money from what I read. He probably he just thought was gonna score in the park. Would that have been a crime?

the crime would be exposing his genitals in a park where theoretically other citizens might see it.
 

HombrePequeno

Diamond Member
Mar 7, 2001
4,657
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0
Originally posted by: Vic
Meh. It's not entrapment, there's no crime. They didn't even talk money from what I read. He probably he just thought was gonna score in the park. Would that have been a crime?

Yes, that would have been a crime which is why he was arrested.

a misdemeanor, based on video footage taken by cops who were targeting men having sex or masturbating in the park.

Whipping your wang out in a park is considered a no no by law.
 

Drift3r

Guest
Jun 3, 2003
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Originally posted by: aidanjm
Originally posted by: Vic
Meh. It's not entrapment, there's no crime. They didn't even talk money from what I read. He probably he just thought was gonna score in the park. Would that have been a crime?

the crime would be exposing his genitals in a park where other citizens might see it.

That's basically it in terms of the crime he seemed to of committed.

The problem is they got the guy to show his genitals in a public place. Granted he should not of done that but did this guy wake up in the morning hoping to do this or was he enticed to do it? I do not think it's entrapment because he could of backed out but it's sure about 1 eye lash away from it IMHO.
 

kylebisme

Diamond Member
Mar 25, 2000
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Originally posted by: BoomerD

...

On the issue of entrapment the government must prove beyond a reasonable doubt that the defendant was not entrapped by government agents. "



Entrapment might be dammed near impossible to prove in this case, especially when you consider WHY they had the sting operation in place...HOWEVER, I'm of the opinion that many sting operations do come awfully close to entrapment...but again, it'd almost impossible to actually prove.
Read what you quoted there, the burdon of proof isn't on him, it is on the police.

Originally posted by: Drift3r
I do not think it's entrapment because he could of backed out but it's sure about 1 eye lash away from it IMHO.
Having the option not do doesn't make it anything less than entrapment.
 

kylebisme

Diamond Member
Mar 25, 2000
9,396
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Originally posted by: MadRat
The fact she touched him should lead to something.
Whether she touched him or not is irrelvent. It is entrapment becuase she was working for law enforcement when she gave him the idea to break a law.
 

Perknose

Forum Director & Omnipotent Overlord
Forum Director
Oct 9, 1999
46,771
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When the Philly PD did the hooker troll, the female cops posing were strictly instructed NOT to initiate anything illegal, as that could be legitimately considered entrapment. When this "hooker" asked to see the guy's penis, that seems to me to be the very definition of entrapment.

Mostly, it reminds me of the old WC Fields line, that he got by the censors back in the day, "It's nice out. Think I'll leave it out." :p
 
Jun 26, 2007
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Originally posted by: TheSnowman
Originally posted by: MadRat
The fact she touched him should lead to something.
Whether she touched him or not is irrelvent. It is entrapment becuase she was working for law enforcement when she gave him the idea to break a law.

It wouldn't fucking matter anyway,, would it?
 

maluckey

Platinum Member
Jan 31, 2003
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Not entrapment at all. Is it a useful use of city money? Maybe. Did they net any sexual predators? Who knows?

If the govt. entices you to commit a crime, and you commit a crime, YOU still commited the crime.

In the above situation, I would have asked to go somewhere private to finish the affair. Why? Because it"s not illegal to chat up someone to get her into bed, but it IS illegal to have sexual contact and/or expose oneself in public for a lascivious purpose.

If she had asked me to light up a crack pipe with her, I would have turned her down because it's illegal. If she would have offered a beer to me, I would have accepted.

These convictions will stand, unless they come up with a civil rights violation. What will likely happen is it will be allowed to drop down to a public indecency charge.
 
Jun 26, 2007
11,925
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Originally posted by: maluckey
Not entrapment at all. Is it a useful use of city money? Maybe. Did they net any sexual predators? Who knows?

If the govt. entices you to commit a crime, and you commit a crime, YOU still commited the crime.

In the above situation, I would have asked to go somewhere private to finish the affair. Why? Because it"s not illegal to chat up someone to get her into bed, but it IS illegal to have sexual contact and/or expose oneself in public for a lascivious purpose.

If she had asked me to light up a crack pipe with her, I would have turned her down because it's illegal. If she would have offered a beer to me, I would have accepted.

These convictions will stand, unless they come up with a civil rights violation. What will likely happen is it will be allowed to drop down to a public indecency charge.

Following procedure, iow.

It's sometimes who alike and at other times how different it is from common fucking sense, isn't it.

And hi there my brother, it's better.
 
Oct 30, 2004
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Originally posted by: bamacre
I don't know if it is entrapment, but this is fucking wrong. Pathetic. Don't the cops have something better to do?

Yeah, it sure does look like entrapment. Guess that police department has nothing better to do than to try to goad otherwise law-abiding innocent people into criminal behavior.

And just why wasn't the policewoman charged for public indecency herself? I think this guy should try to figure out a way to sue the woman and the police department, perhaps for some variant of intentional infliction of emotional distress. It would be awesome if he could win tens of thousands of dollars worth of damages for this sort of public humiliation.
 

Braznor

Diamond Member
Oct 9, 2005
4,767
435
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Come on, I didn't think the west would turn into such prudes!

Idiots.