Court says officer went too far in prostitution sting
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The ruling said that the officer went to Peaceful Image Tanning and Bodyworks in 2008 after receiving a tip about prostitution. He met Burkland, arranged a one-hour massage for $70 and then took off his clothes in a massage room. When Burkland entered the room, she offered to perform the massage topless for an extra $30 and the officer accepted.
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Burkland’s lawyer, Jeffrey Dean, said the ruling marks the first time a Minnesota appellate court has ruled that an officer’s sexual conduct in a prostitution sting violated due process.
The proper way to conduct a prostitution arrest is for the officer to wear a wire and get an agreement of sex for money, Dean said, adding, “the evidence in a prostitution arrest is the words.” He called this officer’s conduct “outrageous and abusive.”
To prove prostitution, an officer had to show that Burkland “agreed to engage” in sexual contact for money, the decision said. Here, the officer initiated the contact.
