Families of SOs Community Group
WE HAVE MOVED!!! ............................. ............................... ......................... ............................ ............................. .......................... HERE: http://support-for-families.boards.net ............. ................ ............... ................ ............................... .................Please create a profile...
Aladdin, you and others are doing great work trying to make the judges see these stings for what they really are.
Keep up the good work.
rewdiazepam
K
http://sexoffenderissues.blogspot.com/2014/01/fl-sex-sting-backlash.html
Dave in the Philippines
I do have a question though and one comment (of course - LOL) I get that they are not following the rules and should be investigated - but in my opinion these are unconstitutional arrests so don;t we actually want the stings to be eliminated entirely?
My comment is I really did not like the part in the report that said - not a direct quote - that the police were the ones talking about sex and only a few were found to actually have CP on their computers, Of course the last part is what bothers me. I do not like the implication that the ones that had CP were REAL predators and the others were not. I do not believe any of the people in these stings are true predators whether they have CP or not -
Advocate,
The end goal is to eliminate or at least severely restrict how these stings are performed and you won't find any of us disagreeing with them being unconstitutional but attacking them head on that way is next to impossible. Many facets have already been challenged on constitutional grounds and upheld which leads us to the collateral attack we are arguing.
Going after very provable black and white rule violations gains us two very important things:
1 - Obeying the rules, in this case the ICAC Operational and Investigative Standards, is a stipulation of the federal grants law enforcement gets for performing these "investigations". Every grant contract these agencies sign says that not adhering to ICAC Standards during investigations is cause to have any and all grant funding revoked. Really egregious violations can lead to an agency being barred from receiving ANY federal funding. If we can't shut them down on Constitutional grounds we can at least cash starve the beast which would seriously impact the ability to perform these investigations.
2 - Obeying the rules was mandated by congress and is required by federal law. It's a situation that hasn't existed for law enforcement for many many years, legislation specifically written to restrict the actions of law enforcement. All applicable case law and precedent for this situation shows that when law enforcement ignores this kind of legislation a defendant's procedural and substantive due process rights are violated and the investigation is unconstitutional. This should either bar prosecution or at least allow for the suppression of evidence on constitutional grounds.
Now on to the CP comment. You are right about the implication and FAC doesn't care for it either. I have to admit it is a narrow path to walk but here's the problem - The government has and is proclaiming these operations are justified and they are catching real predators because they nearly always find CP or evidence of prior victims. The affidavits they produce in order to get warrants state things like
"Due to my training and experience your affiant believes there is evidence of further child victimization at the suspect's home. Most child predators are known to have large collections of images and videos depicting child victimization. These collections are precious to them and they usually contain images and videos of their own actions."
Right now the only way I know of to beat that kind of garbage is to show it's a demonstrably false statement and unfortunately that means pointing out only 9 defendants possessed CP.