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Suspects who provide explicit statements of sexual interest in an underage child are eventually provided the address of the target home.

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Once invited to the house, the suspect will be arrested no matter what he does. Generally, the arrest team waits for a knock on the door, then takes down the suspect and handcuffs him.

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But even if the suspect has second thoughts and just drives on past the house, the police are watching; a surveillance team follows him out of the area and stops the vehicle. In either case, the vehicle team "renders the car clear of other occupants" and takes the suspect's car into the garage for a search.

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Search of Sumner's vehicle, for instance, revealed a box of condoms, five types of lube, sex toys, a vibrator, and spare batteries. Back inside the house, each suspect is taken to an interview room with a case detective who re each man his rights and asks for consent to search the suspect's home to seize computers and cell phones.

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If consent is not forthcoming, a local judge is on standby throughout the week to off on search warrants. In either case, the investigative support team drives out to each man's home and seizes his computer equipment.

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Sumner's home computer and cell phone revealed "85 images of young-looking females in sexually suggestive poses or predicaments. The suspect is then turned over to the transport team and taken to prison—and everyone gets into position for the next suspect's arrival.

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What's most amazing about these stings is that they work at all. Police publicize their operations widely; Manatee County even releases video of the arrests to its YouTube. You can watch the Operation Green Shepherd team in action below.

Even the cops can't believe the technique keeps working. Weeks or months later, as the cases grind through the court system, the suspects who don't plead guilty usually claim entrapment—as Sumner did.

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Many of these claims fail, especially when the suspects respond to an ad that clearly suggests an underage sexual encounter. And the basic right of the police to use sex as a hook has long been upheld by the courts. As the Ninth Circuit Court of Appeals put it in a key ruling from"Many people in our society may find the deceptive use of sex in law enforcement to be morally offensive.

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Nonetheless, 'in order to apprehend those engaged in serious crime, government agents may lawfully use methods that are neither appealing nor moral if judged by abstract norms of decency. Gennette went through the same process, but he never abandoned his conviction that he had been entrapped by the police.

To understand why, we need to take a look at entrapment—and how it applies to these increasingly common proactive stings.

Though Aguirre did also claim this. As the California appellate judge overseeing his case put it in"Entrapment is about the actions of the police, not the guilt of the defendant.

In that case, the government argued that most people would have—and that Aguirre should have—walked away from the whole situation after hearing that the "girl" involved was But that argument is all about the defendant's actions and provides no room for discussing police conduct. The judge called it "circuitous" and said it "leaves no situation where the defendant can assert entrapment as a defense.

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In most jurisdictions, the relevant legal standard for entrapment involves two key questions. First, was the defendant "induced" by police to commit a crime? Police are allowed to provide mere opportunities for crime, but their cases get weaker the more pressure they bring to bear.

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But the key here is "law-abiding citizens. Thus, in the Sumner case, his many photographs of children and the ease with which he consented to the encounter convinced a judge that Sumner had a predisposition.

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Aguirre had no criminal record, though, and he did not actually meet up with the "girl" until eight days after the initial Craigslist post. He was browsing adult-oriented forums when he found the ad, and his "manhood" was repeatedly denigrated by the officer "I think u all talk mr MAN" —a form of pressure.

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A psychologist who evaluated Aguirre found him to have no unusual sexual interest in children. The judge in Aguirre's case wrote that he did not mean "to endorse the practice of pursuing casual sex on a Craigslist forum," and he concluded that the defendant was "gullible" for believing the whole lurid tale. But he agreed that a reasonable jury might have found entrapment here; Aguirre's case was sent back for a new trial, one in which the jury would get the chance to make a finding of entrapment.

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Caouette specializes in prostitution, pimping, and pandering cases and has been involved in numerous Craigslist stings in California. Caouette could expend ificant effort on these cases. One of his Craigslistwhich had the heading "looking to get by in hard time," attracted respondents back in One of them was year-old Venson Villapando, who wrote back on July 9, "hey I want to have fun… what do you have in mind… anything is possible.

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He quickly agreed, but no meeting was actually scheduled. Villapando was also lying about his own age, saying that he was Instead, the correspondence dragged on.

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Messages were exchanged on July 10, 11, 14, and August arrived, and the two wrote each other multiple times throughout the month; still, nothing happened. The pair talked throughout September, and Caouette sent Villapando a picture of "herself" that had been obtained from a Google image search. When days went by without hearing from Villapando, Caouette reinitiated the conversation on several occasions.

The two continued chatting into October and then November. Finally—a full six months after the initial ad—it was December, and Caouette was ready for the sting.

On December 22, Caouette rather transparently reminded Villapando that the "girl" in question was only 13, then made him spell out explicitly what he had in mind. With that, the cops were ready to make an arrest. Caouette handed the conversation off to another detective, who finalized the meeting point at Carl's Jr. Hey ur not a cop r u?

The idea that undercover police must disclose their identities when asked directly is a long-running—and incorrect—idea. At pm, Villapando arrived at the restaurant, but he apparently had second thoughts and drove out of the parking lot.

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The cops had arrested the right guy, but judges again had questions about the methods used. Villapando claimed that he had no intention of having sex with a year-old, saying that there was "no way" a young girl would hang out looking for sex on an adult website like Craigslist. He "just wanted to find out who the person was [he] was talking to," he said later.

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As for the cash, it was "poker money. This may or may not have been true, but Caouette and company had made the case more difficult by their tactics. For instance, Caouette maintained a MySpace profile for "Jess," his year-old alter ego.

Villapando found the profile after searching for Jess' e-mail address, and at some point before the arrest, that profile was switched to say that Jess was 17 rather than The exact date that this switch occurred was a matter of debate. Jess' profile picture also "appeared to be more sexually developed than the young woman in the photograph Caouette had sent to Villapando," noted a California appellate court.

Additionally, Caouette's long correspondence with Villapando included multiple sexual suggestions that may have gone beyond simply providing the "opportunity" for crime. And the initial advertisement had not offered illegal activity at all or even suggested that was behind it. Even its language, including use of the acronym "w4m" woman looking for a manshowed that "the poster was at least somewhat experienced in the world of 'casual encounters' on Craigslist," said the court, giving credence to Villapando's claim that he never believed a year-old to be involved.

In Junea California appellate court threw out Villapando's conviction and ordered a new trial, just as it had in the Aguirre case. These sorts of rulings, which are also seen in Florida see Morgan v.

Entrapment

Floridafor instancedo not say that the police did entrap the defendant—only that the entrapment argument has merit and must be made to and decided by a jury. But other judges have gone further.

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Nate Anderson Nate is the deputy editor at Ars Technica, where he oversees long-form feature content and writes about technology law and policy. nate arstechnica. Channel Ars Technica.

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