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An undercover East Baton Rouge Parish sheriff’s deputy was staking out Manchac Park about 10 a.m. one day this month when a slow-moving sedan pulling into the parking lot caught his attention. The deputy parked alongside the 65-year-old driver and, after denying being a cop, began a casual conversation that was electronically monitored by a backup team nearby.
As the two men moved their chat to a picnic table, the deputy propositioned his target with “some drinks and some fun” back at his place, later inquiring whether the man had any condoms, according to court records. After following the deputy to a nearby apartment, the man was handcuffed and booked into Parish Prison on a single count of attempted crime against nature.
There had been no sex-for-money deal between the two. The men did not agree to have sex in the park, a public place. And the count against the man was based on a part of Louisiana’s anti-sodomy law struck down by the U.S. Supreme Court a decade ago.
Gays in Baton Rouge arrested under invalid sodomy law | Home | The Advocate — Baton Rouge, LA
I don't agree with gay men cruising to pick up other gay men in a public park, but as long as they aren't having sex there or being indecent, the police have absolutely no right to harass them. That is disgusting and I hope they eventually get sued for these practices.
Gays in Baton Rouge arrested under invalid sodomy law | Home | The Advocate — Baton Rouge, LA
I don't agree with gay men cruising to pick up other gay men in a public park, but as long as they aren't having sex there or being indecent, the police have absolutely no right to harass them. That is disgusting and I hope they eventually get sued for these practices.
the deputy propositioned his target with “some drinks and some fun”
That's entrapment.
So you also oppose undercover drug operations as "entrapment"? If not, what do you see as the difference.
Any intelligent person would have noticed that it was the cop propositioning the fellow in the car, not the other way around.
Wait, cruising for a date in the park is illegal?
Or being gay is?
That does not make it entrapment. An undercover cop offering to buy drugs does not make it entrapment either. There is more to it.
There was no exchange of money or prostitution in the Louisiana cases. It was undercover cops who approached gay men in a park, offered sex, took them to another location, and then arrested them under a law that was deemed unconstitutional by the Supreme Court of the United States.
Exactly what meets your standard for entrapment? Or do you believe there is no such thing at all?
Well first off if there is no law violation there can be no entrapment, but that is neither here nor there as to what entrapment is. That they went with the person for the intent to have sex would be sufficient to convict them whether or not money was exchanged as they actively participated in the act. It is no different than a prostitution or drug or any other undercover operation so far as I can tell, save the questions about the law they are alleged to have violated. Entrapment requires a showing that the police exerted influence or force to cause someone to do something illegal that they otherwise wouldn't have been inclined to do.
Well first off if there is no law violation there can be no entrapment, but that is neither here nor there as to what entrapment is. That they went with the person for the intent to have sex would be sufficient to convict them whether or not money was exchanged as they actively participated in the act. It is no different than a prostitution or drug or any other undercover operation so far as I can tell, save the questions about the law they are alleged to have violated. Entrapment requires a showing that the police exerted influence or force to cause someone to do something illegal that they otherwise wouldn't have been inclined to do.
That does not make it entrapment. An undercover cop offering to buy drugs does not make it entrapment either. There is more to it.
You are right....but the way our entrapment laws are written it is just ridiculous. Our laws SHOULD be written to make this kind of outrageous cop behavior "entrapment". It is virtually impossible to prove entrapment. I have seen prostitution cases here in Los Angeles where the cop even gets naked....and it is not considered entrapment.
Gays in Baton Rouge arrested under invalid sodomy law | Home | The Advocate — Baton Rouge, LA
.I don't agree with gay men cruising to pick up other gay men in a public park, but as long as they aren't having sex there or being indecent, the police have absolutely no right to harass them. That is disgusting and I hope they eventually get sued for these practices
Its ok for narcotics agents to use drugs too, for their "safety".
I once represented a guy who was charged with lewd conduct. Granted...he freely admitted that he went to the park to engage in lewd conduct...but the restroom had about 30 urinals. There was no one else in the bathroom and the cop came, stood right next to my client, got an erection and stroked his penis a few times before my client did the same. Of course, then the cop left the restroom and when my client came out, the cop and his partner were waiting outside to arrest him. I tried to argue entrapment but unfortunately the law is so ridiculous...you essentially have to show that the actions of the copy were so egregious as to cause an "otherwise law-abiding citizen to commit a crime". Trying to argue this to a jury is difficult becausethey are all saying "I wouldn't have engaged in that conduct".....even though the actions of the cop were outrageous.
I once represented a guy who was charged with lewd conduct. Granted...he freely admitted that he went to the park to engage in lewd conduct...but the restroom had about 30 urinals. There was no one else in the bathroom and the cop came, stood right next to my client, got an erection and stroked his penis a few times before my client did the same. Of course, then the cop left the restroom and when my client came out, the cop and his partner were waiting outside to arrest him. I tried to argue entrapment but unfortunately the law is so ridiculous...you essentially have to show that the actions of the copy were so egregious as to cause an "otherwise law-abiding citizen to commit a crime". Trying to argue this to a jury is difficult because they are all saying "I wouldn't have engaged in that conduct".....even though the actions of the cop were outrageous.
That does not make it entrapment. An undercover cop offering to buy drugs does not make it entrapment either. There is more to it.
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