Drug Sting Stirs Legal Questions

[User]

A 60-year-old man caught with marijuana in his car became a drug informant to stay out of jail, and he helped detectives make six cases.

He provided evidence against his roommate and gave detectives a tip that led to the arrest of one of his neighbors, all part of a deal that got his charges dropped.

But in one case, he was too eager to help, and a judge threw out the charges last week.

The informant had called his neighbor at least 17 times at work and late at night, begging to buy marijuana to get him through some tough times. Circuit Judge Rick De Furia ruled that this was entrapment.

The case also made the judge question the training and education of the narcotics detectives who made the arrests. The detective did not monitor the informant's behavior, and only swooped in at the end to make an arrest as the drugs were changing hands.

"The court is of the opinion that it was the undercover officer's lack of experience and lack of education regarding the issue of entrapment that led to the unintended result here," De Furia wrote.

Defense attorneys are now requesting records about other drug arrests, looking for other cases where confidential informants were not supervised.

The Sheriff's Office has refused to release the case numbers of the other four cases that the 60-year-old informant helped make, citing a law that protects the identities of confidential drug informants.

The Sheriff's Office has also refused to release records showing how much the informant was paid, or say whether he is still working with detectives.

Defense attorney Don Hartery, who raised the entrapment issue and had the charges against his client dismissed, said the informant was paid about $80 per case and is no longer working with the Sheriff's Office.

Prosecutors are appealing De Furia's ruling.

The informant had his drug possession and criminal driving charges dismissed because of his cooperation.

The first person he provided information about was his roommate, who was charged with misdemeanor drug possession for a small amount of marijuana found in a sock drawer. The roommate entered a pretrial diversion program. It was his first arrest.

Hartery represented the informant's neighbor, Jason Szymanski, in the case. Hartery, who worked as a prosecutor for more than 20 years, said he was shocked to find out the detective left the informant alone to set up a deal in Szymanski's case, and never asked about how it was set up.

"All they did was show up at the deal and do the buy, with no video, no recording," Hartery said.

Informants are subject to some of the same rules as deputies in making a case. But the informant was never instructed about entrapment.

After all the phone calls and at least one personal visit from the informant, Szymanski agreed to split a $120 bag of marijuana with the informant.

Szymanski was arrested for selling drugs, something he had never been charged with before.

"He was trying to help out a friend who was begging," Hartery said. "He just didn't want to do it and he finally caved in."


News Hawk: User: http://www.420magazine.com/
Source: HeraldTribune.com
Author: Todd Ruger
Copyright: 2008 HeraldTribune.com
Contact: Contact Us
Website: Drug sting stirs legal questions

[Weed420]

I would never convict anyone of any crime if a rat is the only source of the info. They are very unreliable and could say anything to keep there ass out of trouble.

[Ms.Fox]

Well... I don't wanna stick my foot in my mouth, but I probably will anyway... Maybe that wasn't the case. My parents are around that age, and I can just see them in the same situation. They'd probably give in and do what the cops asked. I don't think it was his intention to "rat" out his friend. You never know what the cops threatened him with if he didn't talk. That's why the Sheriffs Office is not giving out the info, because there was some shady things goin on they don't wanna reveal.

[Soniq420]

It's repugnant the way the cops use tactics that would otherwise be considered crimes (blackmail, bribery, intimidation) in effort to coerce minor user's into becoming snitches.

Crimes are activities that create victims. The police are defacto victim creators - because they inflict ever widening damage to the lives of small time otherwise law-abiding plant lovers.

Imagine what a hit the war on drugs would take - if everyone stood together and refused to cooperate with the police when they were harrassed with unjust laws.

[User]

last edited by soniq420; today at 05:53 pm. Reason: Typing while angry

lol!

[Weed420]

Thats why the word needs to get out that you should never talk to cops.

[kickstart]

A rat is a rat, even if you dip it in shit to sweeten it up. I hope something extraterrestrial kills that guy...

[zolar]

was that 60 year old a justice system virgin?

if so terror of jail might have driven them given the promptings of fear and the offer of temporary redemption and getting out of the hell

look what the gestapo and their buddies did in getting cooperation from their targets you don't think todays cops studying
police history don't study them various secret polices and the KGB


they love their power games.......

[Weed420]

Originally Posted by zolar

was that 60 year old a justice system virgin?

if so terror of jail might have driven them given the promptings of fear and the offer of temporary redemption and getting out of the hell

look what the gestapo and their buddies did in getting cooperation from their targets you don't think todays cops studying
police history don't study them various secret polices and the KGB


they love their power games.......

I agree. I don't blame the old fart for caving but he really should be aware of his civil rights by the age of 60. I'm just saying that if I was sitting on a jury in a case where an informant is the main source of evidence I would ignore that evidence. Its too tainted. You couldn't believe a thing that came out of an informants mouth.

[FastLan3]

Originally Posted by soniq420

Imagine what a hit the war on drugs would take - if everyone stood together and refused to cooperate with the police when they were harrassed with unjust laws.

Exactly!!!, that is just what needs to happen...Believe it or not though, that is exactly what the "LAW" wants us to do as well.

It is all about how it is done. VERY important WE "potheads" make a clear a peaceful stand... AGAIN and AGAIN and AGAIN!!!

We can not give the LAW any more reasons to label "us" as criminals.

The RULE of Order and Control may seem overdone and played out and trust me when I say, I would like nothing more than to build a army of marijuana deffenders, actually sounds kinda cool.

But, the LAW wants us to act-out! Get pissed! and Break more fucking laws!

We have made a lot of progess in the last few decades, WE are making headway!

~~~KEEP PASSING THE JOINT~~~

[StonerGrower]

It happens every day man!

Originally Posted by KillerWeed420

I would never convict anyone of any crime if a rat is the only source of the info. They are very unreliable and could say anything to keep there ass out of trouble.