Monday, November 21, 2016

Police Internet Sting Op nets a Man who tried to pay an Undercover Cop with a McDonald's Quarter Pounder with Cheese and a Medium Fries in exchange for Sex ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Meet 22 y/o David Mangus.  That's him below....




Last week Casper, Wyoming cops orchestrated a "Sting Operation / Sting Op" by placing a "Backpage.com" ad in the guise of a hooker who was trolling for clients. (In case you don't know a “Sting Op” is a law enforcement term that cops use when they embrace any of a variety of deceptive tactics to catch people who are predisposed to committing crimes.  Sometimes the cops do it themselves (“undercover”), and other times they employ CI’s (confidential informants) or CS’s (cooperating sources). There are many sorts of sting ops.  Some examples are: Posing as someone who is seeking illegal drugs, contraband or child pornography to catch a supplier; or posing as a supplier to catch a customer (where the cops are the suppliers it is called a “reverse sting”); Posing as a potential customer of illegal prostitution; or posing as a prostitute to catch a customer (again a “reverse sting”); Posing as a child in a chat room to identify a potential child molester; Posing as a hit man to catch customers and solicitors of murder-for-hire; Passing off explosives, fake or real, to a would-be terror bomber; Deploying a bait car (or a “honey trap”) to catch car thieves; Arranging for someone who is under the legal drinking age to ask an adult to buy an alcoholic beverage or tobacco products for them; etc.) 




And 'ole Dave responded to the ad, arranging to meet the purported prostitute for sex, but instead of paying cash in return for oral and vaginal sex, cops allege that Dave brokered a deal to provide the alleged hooker with food instead... specifically a McDonald’s Quarter Pounder with cheese and a medium sized order of french fries.




On Thursday, October 13th, 2016 Dave arrived as scheduled to meet the supposed hooker and, as promised, he was carrying a McDonald’s which in fact contained a Quarter Pounder with cheese and a medium sized order of french fries.  (Apparently the cheap bastard didn't plan on tipping... a McShake would've been both considerate and polite.)

In the end Dave was arrested for Solicitation of Prostitution, a misdemeanor in both WY and in FL.   (Either click here on the video link below to watch HaberPA's YouTube Webisode / VideoFAQ on "Prostitution and Solicitation of Prostitution in FL".)



  
Memo to the Folks:  "Entrapment" is an affirmative defense to a criminal charge.  It essentially says:  Yes I did it, but the intent to do it was not my own and instead it was unlawfully created by the police. In FL you are entrapped if: 1) A cop (or someone working for the cops) 2) uses methods of persuasion to 3) induce you to do a criminal act that 4) you would not otherwise have done and 5) you only did because of the unlawful inducement. This may sound simple but it is not.  First, when you plead entrapment (as is the case with any affirmative defense), the burden of proof switches from the government to you second, you must overcome the “predisposition” hurdle and finally, as with many things in criminal court, the deck is almost always stacked in the State’s favor. The law is clear that it is not entrapment just because the cops (or their CI) provided you with the opportunity, means or facilities to commit a crime, or even that they used trickery or subterfuge in the process, or even that they were present and pretended to aid or assist you in the commission of a crime.   Rather pleading entrapment succeeds or fails on the issue of your “predisposition” to commit the offense.  You were “predisposed” to commit an offense if you were ready and willing to do so when the opportunity presented itself, regardless of police involvement, persuasion, trickery or subterfuge.  (Either click here on the video link below to watch HaberPA's YouTube Webisode / VideoFAQ on "What is Entrapment?".)




Memo to the Folks continued:   So do cops conduct sting ops on the internet?  Yup. If you don't believe me then Just as Dave.  Cops do things like:  Posing as a children or deviants when in fact they are looking to bag anyone foolish enough to take the bait; Constructing and maintaining bogus websites to lure customers for a variety of “products”; Placing online ads for a variety of contraband (from weapons to drugs to prostitution).  Further, some cops never leave the police station, instead their job is to literally sit at a work station and troll the internet looking for folks who go to, look in, download from or upload to targeted (and usually, but not always "deviant") sites. (Either click here on the video link below to watch HaberPA's YouTube Webisode / VideoFAQ on "Do Police conduct Sting Operations on the Internet?")




Memo to the Folks continued:   The bottom line is that you must always be careful about engaging in any sort of criminal activity on the internet. 
When it comes to the subject of "Cops, Courts and Constitutions" you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can't stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1



THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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