LYNNWOOD – Across the country, undercover police officers investigating prostitution cases have allowed sexual contact in order to make arrests.
Lynnwood police are now under scrutiny for employing similar tactics during an investigation into a massage parlor. Two undercover officers allowed masseuses to stroke their genitals during a recent investigation at Classic Body Tonic Spa.
Snohomish County prosecutors have questioned the tactics and will review the case with police officials.
Where officers should draw the line in the course of a prostitution arrest has been the focus of community discussions in other places around the country.
Police departments in Arizona, Kentucky and Texas have come under fire for investigations in which undercover officers disrobed and were fondled by suspected prostitutes. In some cases, prosecutors have encouraged police departments to halt the practice.
Some police agencies in Snohomish County say they don’t allow their officers to engage in overt sexual contact during undercover investigations.
“We don’t allow touching. It’s just inappropriate. All (the officers) have to get is an offer and acceptance,” Everett Police Chief James Scharf said. “We can be patient and get the job done without crossing the line. You have to do what is right.”
Snohomish County sheriff’s deputies aren’t allowed to consummate a sexual act. There are times, however, when some contact may be necessary during an undercover investigation, department spokesman Rich Niebusch said.
Deputies have allowed dancers to touch them during undercover stings at adult dance clubs where contact with customers is prohibited.
“The deputies are clothed. It’s in a public place and being supervised,” Niebusch said. “It’s unfortunate, but it’s a dirty, ugly business to catch these people.”
Most agencies don’t permit such touching, said Don Pierce, executive director of the Washington Association of Sheriffs and Police Chiefs.
There may be exceptions, however, particularly if it the suspect is a difficult target, Pierce said. In such cases, there should be early discussions with prosecutors to determine what evidence is needed to successfully prosecute the case, he said.
“I don’t know of any case where it required this kind of contact,” Pierce said.
The Lynnwood investigation was sanctioned and supervised, but officers didn’t consult with prosecutors prior to opening the case, department commander Paul Watkins said.
“Yes, we will discuss (the use of these tactics) with prosecutors in the future,” he said.
Legal experts also have questions about the tactics used in Lynnwood.
“It’s very bad public policy,” said John Strait, a law professor at Seattle University. “It’s probably not illegal, but it’s not approved by the vast majority of the police forces nationally and locally.”
In the early 1970s, Seattle cracked down on massage parlors and other business where there was a suspected sex trade. Police informants would engage in sex acts with prostitutes, Strait said.
That was found to have crossed the line. Since the mid-1970s, Seattle has had a policy prohibiting police participation, Strait said. One Court of Appeals decision on the subject “was quite critical of the practice, saying it as a bad idea but not inherently illegal,” he added.
Yet, some understand the need for police to go beyond what may seem appropriate. It may be necessary to disrobe or allow contact in order to break the case, said Charlie Fuller, executive director of the International Association of Undercover Police Officers.
“Prostitutes set the rules. Once they find out police won’t disrobe or allow contact, word spreads among them,” Fuller said. “Set those rules, and you’ll see prostitution grow in your city. I guarantee it.”
Although Snohomish County chief criminal deputy prosecutor Mark Roe has questions about the officer’s participation, police no doubt had good reason to believe something illegal was taking place in the massage parlor. However, he may consider dismissing the charges.
“Everybody needs to understand there’s ample probable cause to believe the establishment and people charged committed a crime,” he said. “The thing I will look at is do I think police went too far in obtaining that evidence.”
Before he decides if he will dismiss the charges, Roe said he will read all the police reports and talk to the Lynnwood officers involved.
“It’s hard to do a clean investigation of dirty crimes,” Roe said. “That’s why they call it a vice unit. But I do have questions about how far it appears they went.”
Lynnwood police say the officers did what they needed to shut down the business, linking the manager to the criminal act. There are no plans to prohibit Lynnwood officers from employing similar tactics in the future.
“There are times when police do things that make people uncomfortable, yet in many cases, it’s the only way to get” the crooks, Watkins said.
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