Whats everyone think?  I dont think it sounds like a good game plan.  

Spotsylvania Deputies Receive Sex Services in Prostitution Cases

By Tom Jackman
Washington Post Staff Writer
Monday, February 13, 2006; Page B01

They enter the massage parlors as undercover detectives. They leave as satisfied customers.

In Spotsylvania County, as part of a campaign by the sheriff's office to root out prostitution in the massage parlor business, detectives have been receiving sexual services from "masseuses." During several visits to Moon Spa on Plank Road last month, detectives allowed women to perform sexual acts on them on four occasions and once left a $350 tip, according to court papers.


Spotsylvania Sheriff Howard D. Smith said that the practice is not new and that only unmarried detectives are assigned to such cases. Most prostitutes are careful not to say anything incriminating, so sexual contact is necessary, he said.

"If I thought we could get the conviction without that, we wouldn't allow it," Smith said. "If you want to make them, this has to be done."

But numerous police and legal experts said they were not aware of any law enforcement agency in the Washington region, or the country, that allows sexual contact in prostitution investigations. Police should not break the law to enforce it, they said.

"It's insane," said Charles J. Key Sr., a retired Baltimore police lieutenant who trains police officers and federal agents across the country. "If you allow officers to go through with the act, they've violated the law. You don't get an exception for participating in a violation of law."

Similar investigations by police in the Maryland suburbs in recent years have not ended well. In 1995, police in Howard County allowed detectives to receive sexual services from masseuses. But prosecutors later dismissed the charges against nearly all of those arrested rather than expose the investigation's tactics in open court. Five years ago, Montgomery County police sent informers into massage parlors to have sex with women there. Prosecutors told police to stop the practice, which they did, and dismissed charges against the women.

Henry "Hap" Connors Jr., chairman of the Spotsylvania Board of Supervisors, was unaware that county investigators were having sexual contact with suspects.

Connors questioned the use of resources but expressed confidence in Smith.

"I would hope that our deputies have better ways to investigate this type of thing and have other priorities they are pursuing," he said. "We just had a kid stabbed to death. I'd hope they would spend more time pursuing those matters than pursuing pleasurable acts."

Supervisor Robert Hagan said: "It sounds like a legal question. If Fairfax is able to accomplish this without crossing that line, I would think we'd be able to do it, too. But I'm not the sheriff, and Howard's a pretty smart guy. . . . It seems extreme."

Typically, a verbal agreement to provide services and an overt act such as undressing or producing a condom will support a charge of soliciting prostitution, according to prosecutors, defense lawyers, police officials and law professors.
Key and others said undercover officers need obtain only an offer of sex for money to make a case. "Most of the time, they can get [prostitutes] far enough where there's a solicitation," he said, "an offer of sex, which is far enough to put them under arrest."

Jon Gould, a criminal law professor at George Mason University, said of the sexual contact in Spotsylvania: "I've never heard of that anywhere else in any police department. You don't have to go through with the act to prove" solicitation. He called it an improper use of taxpayer dollars.


Smith said most "professionals" know better than to name an explicit act and a price. And with the Asian-run parlors that have periodically sprung up in Spotsylvania, he said, "they don't speak much English. There's not a lot of conversation." Smith and Spotsylvania Assistant Commonwealth's Attorney Thomas Shaia likened the situation to investigators buying drugs from a drug dealer -- a necessary violation to prove a larger crime.

But police officials and prosecutors in many Northern Virginia jurisdictions said buying drugs, as undercover officers routinely do, is not analogous. Officers purchase drugs for evidence but don't use them. Likewise, the other jurisdictions do not allow their officers to conduct sexual activities with suspected prostitutes.

"Our policy has always been no, we don't do it," said Robert F. Horan Jr., Fairfax County's chief prosecutor for nearly four decades. "Normally, there is a conversation where you agree what the sexual act is going to be and what the price is going to be," Horan said. He noted that such a negotiation isn't too difficult because "there aren't a lot of Phi Beta Kappas in that field."

Horan added: "They've got to get some agreement. Otherwise, they're doing it for love."

Capt. John Crawford, an Alexandria police spokesman, said that the city's detectives might go so far as to disrobe but that once a suspected prostitute makes a move to "the guy's personal area," she is arrested.

Spotsylvania sheriff's deputies have shut down several massage parlors with the help of the Virginia attorney general's office, specifically its Financial Crime Intelligence Center. The director of the center, Edward J. Doyle, authored the affidavit for the raid last week on Moon Spa, which resulted in the arrest of two Fairfax residents -- Hae Suk Chon and Chung Hwan Choe -- who are alleged to be the spa's proprietors.

According to the affidavit, after receiving a tip about possible impropriety at Moon Spa, two unidentified Spotsylvania detectives promptly visited the spa and each paid $60 for 30-minute massages in separate rooms. A woman known only as Mimi gave the detectives a bath, a brief massage and then performed a sex act on them. "For her services, 'Mimi' was paid a $50 'tip,' " Doyle wrote. Police made two more visits with similar results.

Doyle said he did not want to comment on the propriety of sexual contact between investigators and suspects, referring questions to the sheriff.

Virginia Attorney General Robert F. McDonnell (R) declined to discuss the investigative techniques of the case. "This investigation is a matter for local law enforcement," spokesman Tucker Martin said.

Key, the former Baltimore lieutenant, noted that he would have concerns for the officers' health, their psychological well-being and any difficulties such duty might cause with their families, in addition to the legal issues.

Smith said, "It's not something the sheriff likes his people to do, but in these cases, it's the only way to prosecute these people." He said his department's approach was not a secret since detectives had testified to similar experiences in trials of other massage parlor operators.

Wow, workmans compensation for an STD.......

-You want happy ending????

It's a dirty job, but.................

Where do I sign up?

yeah that is a dirty job alright.

I think it's bullshit.  I work in narcotics but I'm not expected to go do dope to make cases.  As a matter of fact, if I had a hot UA I'd be fired.

That sheriff needs to be voted out.  I wouldn't work for someone like that.

+1.  Are they hiring?

Sweet, I may have to move.

Those deputies know how to get ahead in that department......

The reasoning behind the decision to "go all the way" was made because the defendents in question can hardly speak any english.  I was in court there when they went up for their bond hearings in Gen. Dist. court last week and they needed interpreters just for that.  The Sheriff decided to let his deputy commit the act because they felt that if they didn't the defendents would be able to say that they didn't understand anything when they supposedly made the deal to perform the act.  By performing the act all the way they can't claim they misunderstood.

The Spotsylvania County SO is a good department and the sheriff there is a good man.  I have helped train many of his people and have been impressed with them all.  Lately there has been an increase in "massage parlors" engaging in prostitution in the county (where I also live) and in other cases where language was an issue they did the same thing, only nobody complained them, not the prosecutors, attorneys, judges or anyone else.....so why now?

It takes some balls for the deputy to be willing to testify that he engaged in a sex act.  If I was single I wouldn't want to have to take the stand and say that I engaged in sex with a prostitute, even if it was in the line of duty.

But numerous police and legal experts said they were not aware of any law enforcement agency in the Washington region, or the country, that allows sexual contact in prostitution investigations. Police should not break the law to enforce it, they said. "It's insane," said Charles J. Key Sr., a retired Baltimore police lieutenant who trains police officers and federal agents across the country. "If you allow officers to go through with the act, they've violated the law. You don't get an exception for participating in a violation of law."

Cops buy and sell drugs using taxpayer money to make busts, and last i looked, buying and selling drugs was illegal.

America is hypersensative when it comes to issues involving sex.  Face it, we're prudes.

Furthermore i feel it's good for recruitment and officer morale.

If it's that much of an issue they could always contract out to private dicks.

Maybe if we don't let the officers get any gratification americans will accept it.  Like, once the prostitute starts going down the vice team busts in the door and makes an arrest and the undercover cop walks around with blue balls for the rest of the shift.

Quoted: I think it's bullshit.  I work in narcotics but I'm not expected to go do dope to make cases.  As a matter of fact, if I had a hot UA I'd be fired. That sheriff needs to be voted out.  I wouldn't work for someone like that.

As in most small Sheriff's Offices in VA, the rank and file are indeed mostly squared away (albiet inexperienced), but the old heads do what they want, how they want, with little or no oversight, and that leads to abuse.
The good old boy prosecutors and white shirts are in bed with each other and there are no checks and balances.  I know because I used to work for one of those S.O.'s (not Spotsy)

Quoted: Quoted: I think it's bullshit.  I work in narcotics but I'm not expected to go do dope to make cases.  As a matter of fact, if I had a hot UA I'd be fired. That sheriff needs to be voted out.  I wouldn't work for someone like that. As in most small Sheriff's Offices in VA, the rank and file are indeed mostly squared away (albiet inexperienced), but the old heads do what they want, how they want, with little or no oversight, and that leads to abuse. The good old boy prosecutors and white shirts are in bed with each other and there are no checks and balances.  I know because I used to work for one of those S.O.'s (not Spotsy)

I know what you mean by that.  I can't imagine a supervisor who would go up to someone and ask them to use their body to make a case.  That's incomprehensible to me.  Would you ask a single female officer to have sex with a man to make a case?

All jokes aside, they might mean well and really be trying to make cases to shut down places like that but think of the potential damage you could do to a good officer by putting him in that position.

rifle-cop624, You sound bitter......

The Spotsylvania SO is a good dept with good leadership.   The Sheriff there stand up for his people, which is pretty good considering that he is an elected official.  

I was in their gen. dist. court last week because I backed a spotsy dep. on a DUI/accident that happened near my home.  I was very impressed with the tight working relationship they have with their Commonwealth atty's....way better than we have with ours.

In Virginia pretty much the only prostitution related sex offenses you can arrest for are sodomy (giving or receiving, oral or anal, paid or not, between anyone, married or not) and intercourse (for money).  
In otherwords, if a "massage perlor" just gives handjobs for 20 bucks they aen't breaking the law.  So, if the undercover says "Hey, can you give me a blowjob?" and the girl says "sure, for 20 bucks." you can arrest her before she commits the act, but if there is a language problem, which there was, she can say "no, I was going to give a handjob.  I didn't understand what he wanted."  Now you have a reasonable doubt.

I think the S.O. did the right thing in this case.  There is no doubt that she knew what was meant during the solicitation.

We have plenty of asian massage parlors and have NO problem getting the cases on without any sex.

Sorry, I disagree with the philosophy of letting the cop go all the way.

Kind of ridiculous to think a sex act is required for a conviction. What do they do when they have one whore that is HIV+??

Yep, just doing the job

Yep! Being the Police must be "Hard" work. But it helps getting a good tip being undercover!

Sounds like a bunch of bs. We're expected to have a higher morale standard. Really how hard is it to get a CI or even a fellow officer that is fluent in that language?

So, how many officers does your department have that are fluent in Chinese?  

None of the departments in the Spotsylvania area have any that I'm aware of.

Quoted: Sounds like a bunch of bs. We're expected to have a higher morale standard. Really how hard is it to get a CI or even a fellow officer that is fluent in that language?

Two that I know off hand and we dont have a large chinese population.

Yet another reason to legalize it.


GR

According to the affidavit, after receiving a tip about possible impropriety at Moon Spa, two unidentified Spotsylvania detectives promptly visited the spa and each paid $60 for 30-minute massages in separate rooms. A woman known only as Mimi gave the detectives a bath, a brief massage and then performed a sex act on them. "For her services, 'Mimi' was paid a $50 'tip,' " Doyle wrote. Police made two more visits with similar results.

This leads me to believe they did not arrest her after the first visit?  Am I not reading this right?

I mean, other depts arrest when the "offer" is made, and these guys are "going all the way" to get enough so-called "proof"....and yet the woman does the deed, and gets a fucking TIP! She should have been arrested as soon as her mouth wrapped around his dick...not tipped to come back for another visit!!

[RANT]

This does not sound right under any stretch of the imagination.  Fine, you want them to commit the act to arrest them...fine, arrest them when they do it!  This is bullshit!  As for the analogies to drug purchases.....when the purchase is made, the arrest usually follows right there...and the officers buying the drugs don't have to light up (or snort or shoot) the drugs purchased to make the charges stick!  In fact, they aren't spending any money...cause the money spent on the drugs is taken back with the drugs and the arrested criminal ( I would say 99% of the time)... Are these prostitutes required to return the "Tip" money after arrested?  I doubt it..that is a waste of tax-payer money...cause I doubt these officers are using their own funds.

[/RANT]

Nomex undies are on...so flame away...
No Expert

In Virginia, the only sex acts pertaining to prostitution (paying for sex) that are illegal are fornication (sexual intercourse between an unmarried couple) and sodomy (oral and anal, giving or receiving).
Prostitution, in and of itself is only a misdemeanor.  Fornication is also a misdemeanor.  Sodomy is a felony (even if it is consensual and the couple is legally married).

The detectives received handjobs during their initial visits....which were perfectly legal.  They did however pay with marked money.  When they finally got one of the prostitutes to agree to perform oral sodomy they arrested her (since she now did something illegal in the presence of the UC) and executed warrants on the establishment.  Lo and behold, they found some of the marked money in the posession of the "proprieters" of the establishment.  Now they have undeniable proof that they were getting money from the prostitutes.....who they had forced to sign agreements to not engage in prostitution I might add.

All of the prostitutes in question were Korean and Chinese and spoke little english.  If the UC had not let her touch her mouth to his penis they would not have been able to build such a solid case against the business owners.

The establishment in question is located only a couple of miles from my house and right next to a restaraunt that I have taken my family. Instead of simply busting a couple of hookers they instead, busted a big time prostitution ring.

I think the Sheriff's office did the right thing and I hope the suspects in question are put away for as long as possible.

Quoted: According to the affidavit, after receiving a tip about possible impropriety at Moon Spa, two unidentified Spotsylvania detectives promptly visited the spa and each paid $60 for 30-minute massages in separate rooms. A woman known only as Mimi gave the detectives a bath, a brief massage and then performed a sex act on them. "For her services, 'Mimi' was paid a $50 'tip,' " Doyle wrote. Police made two more visits with similar results. This leads me to believe they did not arrest her after the first visit?  Am I not reading this right? I mean, other depts arrest when the "offer" is made, and these guys are "going all the way" to get enough so-called "proof"....and yet the woman does the deed, and gets a fucking TIP! She should have been arrested as soon as her mouth wrapped around his dick...not tipped to come back for another visit!! [RANT] This does not sound right under any stretch of the imagination.  Fine, you want them to commit the act to arrest them...fine, arrest them when they do it!  This is bullshit!  As for the analogies to drug purchases.....when the purchase is made, the arrest usually follows right there...and the officers buying the drugs don't have to light up (or snort or shoot) the drugs purchased to make the charges stick!  In fact, they aren't spending any money...cause the money spent on the drugs is taken back with the drugs and the arrested criminal ( I would say 99% of the time)... Are these prostitutes required to return the "Tip" money after arrested?  I doubt it..that is a waste of tax-payer money...cause I doubt these officers are using their own funds. [/RANT] Nomex undies are on...so flame away... No Expert

Quoted: rifle-cop624, You sound bitter...... The Spotsylvania SO is a good dept with good leadership.   The Sheriff there stand up for his people, which is pretty good considering that he is an elected official.   I was in their gen. dist. court last week because I backed a spotsy dep. on a DUI/accident that happened near my home.  I was very impressed with the tight working relationship they have with their Commonwealth atty's....way better than we have with ours. In Virginia pretty much the only prostitution related sex offenses you can arrest for are sodomy (giving or receiving, oral or anal, paid or not, between anyone, married or not) and intercourse (for money).   In otherwords, if a "massage perlor" just gives handjobs for 20 bucks they aen't breaking the law.  So, if the undercover says "Hey, can you give me a blowjob?" and the girl says "sure, for 20 bucks." you can arrest her before she commits the act, but if there is a language problem, which there was, she can say "no, I was going to give a handjob.  I didn't understand what he wanted."  Now you have a reasonable doubt. I think the S.O. did the right thing in this case.  There is no doubt that she knew what was meant during the solicitation.

My absolute closest friend ( I consider him to be a brother) is a Spotsy Deputy, and like I said, the rank and file in most S.O.'s are squared away.  It's the old rednecks wearing whiteshirts that are the problem.
Again, I never worked in Spotsy, and yeah, maybe I am a little bitter at the time I spent spinning my wheels at one of those "Central VA area" agencies, but it's my personal opinion.