What happens when you trick the cops?
This comes from Robert Guest at Dallas Criminal Defense Lawyer. A new reality show descended on Odessa, Texas. Apparently they went in response to a case involving Yolanda Madden, after an informant used by the police department testified in Federal Court that he planted evidence on Madden; she was eventually convicted and sentenced to 8 years in prison. Even with that testimony, and both Madden and the informant passing polygraphs, her conviction still stands.
The show decided to set up a sting. They rented a house in Odessa, and placed grow lights on two Christmas trees inside. Apparently the police believed they were growing marijuana, and in less than 24 hours, a search was executed on the house. When the officers arrived, they were greeted by Kopbuster's attorney. Going with the strategy that the best defense is a good offense, they arrested the attorney and took him to jail. He wasn't released until the media showed up, wanting to know what happened.
According to the story, the police department has refused to release the affidavit for the search warrant. That's not too surprising, since you have to think it is extremely incriminating. If an informant said he had been inside and observed the marijuana, then the affidavit is clearly fabricated. If they relied on some type of thermal imaging, it would be illegal. Since nothing illegal was taking place, it is hard to understand what they could come up with to justify their actions.
What's amazing about this story is how it is way to trap the police. If everything in the story is true, it reflects a systemic problem in the police department. If this did happen, all cases involving informants will be called into question. It doesn't take much imagination to predict the financial consequences to the city.
Some may question the techniques used by the show; the police department is trying to come up with a crime to charge with them, although I can't imagine what it would be. The fact is, dishonest police officers can fabricate information, and there is no way to prove they did so. All they have to do is allege they have information from an informant, who has provided truthful information in the past When they don't have to name the informant, there is no way to verify the information. Traps like this are the only way to uncover this type of misconduct. In reality it is nothing more than the same type of techniques used by police. They routinely set up "reverse stings", to uncover those willing to engage in criminal behavior. Here it was the police engaging in the illegal behavior.
It will be interesting to watch this story unfold. Both to see what the facts actually turn out to be, and to see how it plays it; both for the Kopbuster's attorney and Yolanda Maden.
I'm interested to know what other people think about this tactic. Post a comment and let me know your thoughts, pro or con.
