Shoulder Tap Operation in Mount Vernon District

On Friday, August 31, during the evening hours, members of the Mount Vernon District Station, along with a member of the Traffic Safety Services Unit, conducted a “Shoulder Tap” operation in the Mount Vernon and Alexandria areas of Fairfax County. This undercover operation is part of the ongoing Youth Alcohol/Business Compliance enforcement campaign. Fairfax County Police cadets dressed in plain clothes attempt to have adults purchase alcohol for them in violation of Virginia State Code 4.1-306. The locations of enforcement for this operation were parking lots outside businesses that possess state ABC licenses to sell alcoholic beverages. The cadets were advised to approach adults and ask them to purchase alcohol for them. If asked by the adult if they were 21, the cadets were told to respond with their true age. If the illegal purchase of alcohol took place, a plain clothes officer watching the transaction would notify a nearby uniformed officer who would then approach the adult purchaser. Appropriate charges would then be placed.

As a result of this operation, 45 adults were approached. Eight arrests were made for illegal purchase of alcohol. One additional arrest was made for drug possession. The arrests were made at the following locations:

7-Eleven Store 7924 Fort Hunt Road

7-Eleven Store 2800 Beacon Hill Road

Giant Food Beacon Center

7-Eleven Store 3100 Lockheed Boulevard

Mikes Q-Mart 2266 Huntington Avenue

7-Eleven Store South Kings Highway

7-Eleven Store 2305 Huntington Avenue

Great work, cadets. I wish that we had more cadets and more such operations. There have been too many incidents in the county of late, whereby alcohol is provided to minors--by strangers and parents. And, sadly, such unlawful behavior by adults has resulted in deaths. I hope that our county police and the auxiliary officers can carryout more late night road checks--it's amazing the number of people that have violations; I suspect that we're only learning about the tip of the ice berg.

An affirmative defense to those who were caught could be that they were intimidated by the shoulder tapper. They could've said, "well, I thought I didn't have a choice in the matter because the kid looks menacing and could possibly be carrying a weapon. I was going to call the police afterwards."

Ofcourse, not all people are quick to think off their feet and probably blew their chance by whatever statement(s) they made during arrest, especially if they asked the age question. -§

If the Fairfax County Police department really conducted the "sting" as described I would be shocked. That is a perfect case of entrapment as a matter of law, and will not hold up in court. Probably targeting the Mt. Vernon area to pick on the least educated segment of the county, easy targets. I hope the public defender gets all those charged off. We do not have the funding or manpower to have cadets out suggesting crimes. Whenever the police or undercover is approaching and suggest a criminal act, that is entrapment !

dirtyharry Wrote:
-------------------------------------------------------
> If the Fairfax County Police department really
> conducted the "sting" as described I would be
> shocked. That is a perfect case of entrapment as a
> matter of law, and will not hold up in court.
> Probably targeting the Mt. Vernon area to pick on
> the least educated segment of the county, easy
> targets. I hope the public defender gets all those
> charged off. We do not have the funding or
> manpower to have cadets out suggesting crimes.
> Whenever the police or undercover is approaching
> and suggest a criminal act, that is entrapment !


Wow, what a senseless rant. The underage kids approach a person outside of a 7-11 and say "will you buy me some beer?" The person can then say yes, or no. By the way, this type of operation is conducted by every law enforcement agency in the region with complete success. Sorry, no soup for you... ONE YEAR!!!

Entrapment?! BS. If you can save four lives due to illegal drinking by "entrapping" someone willing to buy booze for underage teenagers, then "entrapment" is a good thing. Was the honorable senator "entrapped?" What about the weekly police stops that find drivers DUI, without proper registration, warrants, etc. Is that "entrapment?" And don't forget the sexual deviants that are caught in stings. Unfortunately, we live in times whereby there are many people violating the law and if they are caught in a sting, you should be pleased that you have an effective police force at work.

dirtyharry Wrote:
-------------------------------------------------------
> If the Fairfax County Police department really
> conducted the "sting" as described I would be
> shocked. That is a perfect case of entrapment as a
> matter of law, and will not hold up in court.
> Probably targeting the Mt. Vernon area to pick on
> the least educated segment of the county, easy
> targets. I hope the public defender gets all those
> charged off. We do not have the funding or
> manpower to have cadets out suggesting crimes.
> Whenever the police or undercover is approaching
> and suggest a criminal act, that is entrapment !


Its nothing new, Fairfax has been doing this for quite some time.

EoM

Kudos to Police Cadets Wrote:
-------------------------------------------------------
> Entrapment?! BS. If you can save four lives due
> to illegal drinking by "entrapping" someone
> willing to buy booze for underage teenagers, then
> "entrapment" is a good thing.

While definitions vary, Entrapment is putting someone in a position and getting them to do something they would not normally do. When Mayor Berry got busted, if he had smoked crack with the girl right away,many legal authorities agreed it was at best borderline tio entrapment. When he asked the lady to leave and then sent someone to get her to come back, then the entrapment question went away.

> Was the honorable
> senator "entrapped?"

Sitting on the crapper and waiting for someone to commit a crime is NOT entrapment. Saying to the Senator "hey big guy, got $20 bucks? Join me here for a party" would probably be entrapment.

> What about the weekly police
> stops that find drivers DUI, without proper
> registration, warrants, etc. Is that
> "entrapment?"

The constitutionality of road blocks has always been questioned and debated. To be clear, the courts generally sided on the side of roadblocks but certain conditions must always be met. Police and prosecutors sometimes use tricks like pulling over every third car or something like that to try to get around the entrapment burden.

And don't forget the sexual
> deviants that are caught in stings.

Walking into a park and catching sexual deviants in the act is not entrapment. Having a really hot undercover Fairfax County Female Police Officer approach a man at a bar and suggest a no strings attached romp in a secluded area of the park and then arresting him (the man said yeas because frankly, who would pass up an opportunity) is entrapment.

> Unfortunately, we live in times whereby there are
> many people violating the law and if they are
> caught in a sting, you should be pleased that you
> have an effective police force at work.

A "Sting" is not in and of itself "entrapment", please do not confuse the terms.

>
> Wow, what a senseless rant. The underage kids
> approach a person outside of a 7-11 and say "will
> you buy me some beer?" The person can then say
> yes, or no. By the way, this type of operation is
> conducted by every law enforcement agency in the
> region with complete success. Sorry, no soup for
> you... ONE YEAR!!!

So if you were to buy underage kids cigarettes and porno magazines (those are 18 and older) make sure they ask you twice. Say no the first time and if they ask a second time your chances of an successful entrapment defense skyrocketed.

and be sure to have a tape recorder!

It absolutely is entrapment. It's meant to scare the piss out of everybody that could have been the tapee. I think that with our absurd real estate taxes, the police have too much money and time on their hands if they're going out there and creating criminals.

I stand behind my reasoning. Entrapment, stings, roadblock, whatever, are good techniques to limit the perverts, illegal alcohol purchases, negligent drivers, et cetera. Keep up the good work cadets and Fairfax police department. Your legal actions provide fair warning to the perverted, ignorant, and plain dumb people endangering the rest of us.

Who would buy alcohol for a stranger anyway? I would be like "FU, go get a fake ID"...

Kudos to Police Cadets Wrote:
-------------------------------------------------------
> I stand behind my reasoning. Entrapment, stings,
> roadblock, whatever, are good techniques to limit
> the perverts, illegal alcohol purchases, negligent
> drivers, et cetera.

So was the Gestapo.

Who would buy alcohol for a stranger anyway?

I had 2 young chicks ask me if I could buy them beer outside the Vienna Giant a few years ago. That's the only time I've seen it around the DC area, but it used to happen alot when I was in college.

Surely you jest, Herr stinkypoon.

The Geheime Staatspolizei was a secret police organization. The role of the Gestapo was to investigate and combat “all tendencies dangerous to the state,” with the authority to investigate treason, espionage and sabotage cases, and cases of criminal attacks on the Nazi Party and Germany.

You heinous comparison is totally out of context. Unfortunately, Herr stinkypoon, our police do NOT need to "go out there and create criminals." We have too many people who can't follow the rules. And too many people who obfuscate serious issues by using faulty metaphors.

Guten tag.

Kudos to Police Cadets Wrote:
-------------------------------------------------------
> I stand behind my reasoning. Entrapment, stings,
> roadblock, whatever, are good techniques to limit
> the perverts, illegal alcohol purchases, negligent
> drivers, et cetera. Keep up the good work cadets
> and Fairfax police department. Your legal actions
> provide fair warning to the perverted, ignorant,
> and plain dumb people endangering the rest of us.


It is ok to wiretap my phone, because I am not a terrorist and I have done nothing wrong. It is ok to approach me and ask me to buy beer - something I NEVER would have offered - and then arrest me, It is ok to block the road and search my vehicle and detain me without a warrant because I have done nothing wrong. It is ok limit speech, because I would never say anything negative about Commander in Chief. Just as long as you do not try to take my gun away. That is where I draw the line.

We have checks and balances in place for a reason.

Dem bitches set me up!

M. Barry Wrote:
-------------------------------------------------------
> Dem bitches set me up!


Mr Mayor,

It was only one bitch who set you up.

Please try to remember that.

I wonder if they used some hot female cadets in short skirts to approach the buyers?

p.s. dem bitches always be setting me up!!

Oh no the evil alcohols!

Remember kids, smoke weed it doesn't kill you.


Kudos to Police Cadets Wrote:
-------------------------------------------------------
> I stand behind my reasoning. Entrapment, stings,
> roadblock, whatever, are good techniques to limit
> the perverts, illegal alcohol purchases, negligent
> drivers, et cetera. Keep up the good work cadets
> and Fairfax police department. Your legal actions
> provide fair warning to the perverted, ignorant,
> and plain dumb people endangering the rest of us.

If police approach and ask people randomly on the streets, " do you want_______? " or "will you _______" ?

Blank being whatever illegal action your imagination desires

They have initiated the contact and attempted to entice someone into a criminal act. That is as a matter of law, entrapment.

Remember John Deloaran and that suit case of cocaine,perfect example.

Law enforcement can't be proactive in the transaction. They can't entice people to commit a crime, by randomly asking them to.

The prosecutor's office will drop the charges on anyone that shows up and contest the charges. Don't let cops railroad you with their illegal techniques.

Schrute: to say they are conducted with complete success is ridiculous. Cases like this get tossed all the time. Even legally conducted crime suppression doesn't have 100% conviction rates or "complete success" as you call it . You are really ignorant of criminal law, so I'm guessing you are a police cadet or fresh out of the academy. Maybe even a security guard.

Check back in a few years after you have grown up a bit.

Some idiots on here seem to think we should allow the police to walk all over the Constitution and violate the rights of citizens at will. National cemetery is full of men that sacrificed greatly to win our freedom, don't give it away so carelessly.

dirtyharry Wrote:
-------------------------------------------------------
> Schrute: to say they are conducted with complete
> success is ridiculous. Cases like this get tossed
> all the time. Even legally conducted crime
> suppression doesn't have 100% conviction rates or
> "complete success" as you call it . You are really
> ignorant of criminal law, so I'm guessing you are
> a police cadet or fresh out of the academy. Maybe
> even a security guard.
>


The cadets did not get together and say "hey, for fun lets go to the 7-11 and ask people to buy us beer and arrest them."

They were instructed to do this by their superiors, who know it is entrapment, but a good press release, and will scare the heck out of Meade and Gravis who hang around high schools offering to buy the kids beer.

M. Barry Wrote:
-------------------------------------------------------
> I wonder if they used some hot female cadets in
> short skirts to approach the buyers?
>
> p.s. dem bitches always be setting me up!!


That is the problem. A red blooded American male would have a hard timing turning it down.

What I've always wanted to do is walk up to a cop and say "Want to buy some weed?" But I don't want to end up getting arrested for some BS charge like disorderly conduct.

Radiophile Wrote:
-------------------------------------------------------
> >
> > Wow, what a senseless rant. The underage kids
> > approach a person outside of a 7-11 and say
> "will
> > you buy me some beer?" The person can then say
> > yes, or no. By the way, this type of operation
> is
> > conducted by every law enforcement agency in
> the
> > region with complete success. Sorry, no soup
> for
> > you... ONE YEAR!!!
>
> So if you were to buy underage kids cigarettes and
> porno magazines (those are 18 and older) make sure
> they ask you twice. Say no the first time and if
> they ask a second time your chances of an
> successful entrapment defense skyrocketed.

Perhaps you get pushed around by kids under 18 years old, but I have enough balls to just say NO and walk away. I know how pressuring those teenagers can be, but my advice to you is not to plan your defense early, just grow some balls and say NO.

dirtyharry Wrote:
-------------------------------------------------------
> Schrute: to say they are conducted with complete
> success is ridiculous. Cases like this get tossed
> all the time. Even legally conducted crime
> suppression doesn't have 100% conviction rates or
> "complete success" as you call it . You are really
> ignorant of criminal law, so I'm guessing you are
> a police cadet or fresh out of the academy. Maybe
> even a security guard.
>
> Check back in a few years after you have grown up
> a bit.
>
> Some idiots on here seem to think we should allow
> the police to walk all over the Constitution and
> violate the rights of citizens at will. National
> cemetery is full of men that sacrificed greatly to
> win our freedom, don't give it away so carelessly.

Sir (in my childlike cadet voice), cases are always going to get thrown out of court. Remember OJ? You interpreted my definition of success as a 100% conviction rate. I on the other hand attribute success to voluntary compliance.

When a person gets caught and charged with this, they will likely not do it again. When it comes to dealing with the charge, they have two options, both are a success.

1. They go to court, apologize to the judge, and pay their $200 fine, leaving the courtroom with their head held low realizing their shameful, peer-pressured existence.

2. They hire an attorney for $500-1000 who will go to court and complain about what language the cadet used and how their client thought the person was over 21 years old. The judge will be late for a tee-time and throw the case out.

Either way, the person is out money, had to appear in court, and will likely NOT DO IT AGAIN.

Hurt Pride + Empty Wallet = Success

Very well articulated!

Well worth the effort, if even one dismissed case prevented a teenager from driving and killing people in his/her car or other innocents on the road.

It is important to note that there aren't any "hot" cadets working for ffx co.
--------------------------------------------------------------------------------
I wonder if they used some hot female cadets in short skirts to approach the buyers?

p.s. dem bitches always be setting me up!!



Edited 1 time(s). Last edit at 09/08/2007 02:21PM by myspaceaddict.

Well said, Schrute.

You are one of the more level-headed people on this forum.

For everyone who thinks that these stings are entrapment they better do some more studying of the law! or people who dont beleive that these stings occur are dumb, it happens alot! I know how these operations run..the cadet asks someone to buy them alcohol, if they say NO then the cadet is not allowed to ask again!, and if they are asked how old they are they are required to tell them their true age. IT IS THE PERSON OWN DUMB CHOICE TO PURCHASE THE ALCOHOL! I dont see any entrapment there! So dont buy anyone underage alcohol and u wont have to worry! And make sure to know ur facts b4 posting nonsense. OH YA AND BY THE WAY EVERYONE OF THE PEOPLE THAT GET CAUGHT DOOOOOOOOO GET CHARGED!!!!! SO DONT THINK YOU CAN GET AWAY WITH IT WITH THIS BS ENTRAPMENT CRAP!

I agree that the shoulder tap thing is not entrapment. I have however wondered about the normal thing where they go into a store and try to buy alcohol. This usually results in some hapless desk clerk getting busted for mistakenly believing the cadet was over 21. It just seems like the cadet is buying a legal product, from a legal seller while presenting himself/herself as a legal buyer, when they know they're not. In that case, they are actually creating the crime (the purchase of alcohol by someone under 21). In fact, it almost seems like the clerk's crime is not preventing the cadet from committing a crime

I could see this being acceptable if the law stated that sellers had to see ID in every circumstance for every buyer, and thus you could get the clerk on failing to abide by the "asking for ID" law. But it doesn't require that. It certainly would be my policy if I sold alcohol.

Also, I wonder how many of you have considered that these cadets could be attractive young (soon-to-be police) women? Unlikely, I know, but remember that when your approached by some young lady in a parking lot.



Edited 2 time(s). Last edit at 09/15/2007 01:35AM by trogdor!.

The stores that have a scan system for pricing the alcohol also have a ID check. When beer or wine is scanned it will not complete the sale until a date of birth from the ID card or drivers license is entered. The system can be adjusted so that anyone obviously over 21 does not have to have a date of birth entered. But most stores like Giant, Safeway and 7-11 will not ring it up until the information is entered.

Someone would have to be stupid to buy alcohol for kids considering the underage girls that were just killed in the wreck on 95. It isn't that hard to track it down and when someone is killed right or wrong the public demands retribution.

probably a stupid question, but I will ask anyway...

Are the Cadets "Officers" (as in LEOs) while they are still cadets, or are they simply candidates to become "Officers"?

SRE Wrote:
-------------------------------------------------------
> probably a stupid question, but I will ask
> anyway...
>
> Are the Cadets "Officers" (as in LEOs) while they
> are still cadets, or are they simply candidates to
> become "Officers"?

Great point SRE. On "To Catch a Predator" the child's advocate group (Perveted Justice) entices the men to meet an under age boy/girl at their home via the internet. The police are monitoring the situation, and after the interview, the pervert is arrested. It is quite possible that using Cadets as the go between results in entrapment being a non-issue.

They are not sworn, meaning they are not officers. They are civillians of the police dept until they gradute from the academy and get sworn in. They have no police powers.




reply:
probably a stupid question, but I will ask anyway...

Are the Cadets "Officers" (as in LEOs) while they are still cadets, or are they simply candidates to become "Officers"?

They will be sent to the police academy if their career as a cadet is without incident. As cadets they are not underage, only under the age to buy alcohol.
As in between the age of 18-21. Still adults just not old enough to get beer.

Another example of the stupid idea of someone being a few months shy of 21 and holding down a full time job for almost three years but being denied the simple pleasure of a cold one.

In regards to the "Let's go and try to buy a drink, and bust a bartender/cashier/etc..." program that the cadets are involved with on a routine basis.

If the cadets are not sworn yet, then they are not "Officers". [point 1]

The cadets are over 19, but under 21 years of age. [point 2]

Based upon VA § 4.1-305 'Purchasing or possessing alcoholic beverages unlawful...' [quick link: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+4.1-305 ], the Cadet is breaking the law when they attempt to buy alcohol, as they do not meet the exemptions detailed in 4.1-305-A(iii). I would like to see them get charged. Class 1 Misdemeanor is not a "BIG DEAL".

Interesting other note, check out §4.1-200 [http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+4.1-200] paragraph 7: Any person who keeps and possesses lawfully acquired alcoholic beverages in his residence for his personal use or that of his family. However, such alcoholic beverages may be served or given to guests in such residence by such person, his family or servants when (i) such guests are 21 years of age or older or are accompanied by a parent, guardian, or spouse who is 21 years of age or older and (ii) such service or gift is in no way a shift or device to evade the provisions of this title.

I like the "or are" wording...

So what? The bottom line: it's a good program. It's disappointing that sound judgment and maturity come after 21. Actuary data, insurance premiums, accidents, etc. are irrefutable evidence. Let's [Fairfax County] do everything we can to ensure citizens' safety and security. And this is the USA--hire the courthouse lawyer and argue your case--maybe the ACLU will help. Your money would be better "invested" in your higher insurance premiums caused by the underage DUI offenses and stupid adults buying the booze for them.

Again, a good PR stunt and makes for a great press release.

Since the cadets are working with real cops monitoring the situation closely, and the cadets ask peeople to buy them beer, then it is entrapment.

# In jurisprudence, entrapment is a procedural defense by which a defendant may argue that they should not be held criminally liable for actions which broke the law, because they were induced (or entrapped) by the police to commit said acts. For the defense to be successful, the defendant must demonstrate that the police induced an otherwise unwilling person to commit a crime. ...

"Otherwise unwilling" If Gravis goes to 7-11 to buy his porno, beer and cigarettes and says to a group of high school kids "I can buy you beer, wanna hang out, I will buy you beer..." then it is clearly against the law. If Gravis is going into 7-11 for the same reason as before and someone approaches him and says "Sir would you please buy me some beer" then it is entrapment. It could not be proven that Gravis was not "otherwise unwilling"

A great PR Piece, a great story, and it will make Gravis think twice. But entrapment it is.

this happens all the time

while everyone here has some good some BS answers to the problem, going by case law as set forth by both the commonwealth of VA and US Supreme Court, in order for a defense to rise to the level of entrapment, the officer(or cadet) must entice an individual to commit a crime they would not normally commit. which goes back to the earlier point that someone brought up. If your dumbass is approached in a 7-11 or safeway or giant or whatever store parking lot by someone asking your dumbass to purchase something that is illegal for certain age groups to possess, and you purchase it for that individual, then you are a fucking retard for doing so. Having been over the 21 age limit for some time now, I have yet to go ask someone to buy me a beverage of my choice. Even if I did, I wouldn't expect some shit bird I met on the street to buy it for me. If common sense were so common then everyone would have it, guess thats why the regular posters like gravis and restonpeace are such fucking retards