Sting Operation on a Child Witness

An online dictionary defines a sting operation as “a complicated confidence game planned and executed with great care (especially an operation implemented by undercover agents to apprehend criminals).” In law-enforcement contexts, covert investigation tactics are essential to obtaining evidence of criminal conduct committed by participants in sophisticated criminal enterprises. Evidence of common street crimes such as drug dealing and prostitution is often gathered with sting operations as well. Lawyers sometimes advise or supervise these activities to assure compliance with the law and admissibility of any evidence that is gathered.

Compare this with the sting operation carried out by a Madison, Wisconsin, criminal defense lawyer against the fifteen-year-old who accused his client of repeated sexual assaults beginning when the boy was nine years old.

The lawyer believed that the boy was lying and thought that the boy’s computer might contain evidence of the child’s independent interest in child pornography. The lawyer was concerned that the police investigator would not objectively seek and examine such evidence and that the boy might destroy evidence on his computer if given any warning.

The lawyer decided to retain a private investigator to trick the child and his mother into surrendering the boy’s computer and any evidence it might contain.

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Community Justice Conference Follow-Up

As discussed in an earlier post, the Law School recently hosted a very successful conference on community justice in Wisconsin.  More than 200 government officials, lawyers, and citizens came together to discuss how the criminal justice system can be improved at the local level through enhanced interagency collaboration and grass-roots citizen engagement.  The Conference website has now been updated to include audio and video of the Conference, reports, and links to blogs and commentary to keep the conversation moving forward.  Still to come on the website are workgroup reports and conference evaluation results.  Thanks to Assistant Dean Dan Idzikowski for his leadership of this important Law School initiative.

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Seventh Circuit Week in Review: A Lawful Stop, But Just Barely

There is not much to report from the Seventh Circuit front this week.  The court issued only one new opinion in a criminal case, and it was not one that broke any new legal ground.  In United States v. Brewer (No. 08-3257), the defendant was convicted of unlawfully possessing a firearm.  A police officer responding to a call about gunfire in an apartment complex saw Brewer driving away from the complex.  Brewer’s car was stopped on that basis, resulting in discovery of the incriminating weapon.  On appeal, Brewer argued that the gun should have been suppressed because the underlying stop was unconstitutional.  The court (per Judge Posner) agreed that it was at least a close call (“the case is on the line between reasonable suspicion and pure hunch”), but ultimately determined that the “unusual circumstances” of the case met the test for reasonability.

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