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His crime: exposing himself to the officer. In Los Angeles, Long Beach and other areas where undercover lewd conduct stings endure, police defend them as an important tool for catching people who are violating the law and for deterring others from trying to have sex in parks and other public areas used by families and children. Gay rights activists do not condone public sex but have long condemned the busts as a form of entrapment, saying they unfairly single out gay men, with sometimes devastating consequences. The issue has been debated for decades.
But in recent years, critics of the stings have gained traction as public attitudes about homosexuality and gay rights have shifted. Undercover officers, critics contend, often exchange flirtatious signals and make arrests of men who think their advances are welcome, when no one else is nearby to be offended. Under state law, people who are convicted of indecent exposure must register as sex offenders and face possible jail time.
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Courts also have raised questions about the stings, invalidating a number of prosecutions in various parts of the state. In some cases, judges found no crime had occurred because the undercover officer conveyed sexual interest to the target and no one else was present to be offended by the lewd conduct. Many law enforcement agencies have stopped in response to lawsuits or after political backlash.
Representatives for each said their departments had not used such undercover stings in years. These officials said they came to view the stings as ineffective or unnecessary after noticing a sharp drop-off in complaints about public sex during an age when men can easily find sexual partners through the Internet and dating apps such as Grindr.
Some cities have found alternative ways to tackle the problem of cruising — the act of searching for anonymous public sex. Departments will now post uniformed officers near cruising hot spots or improve lighting and trim trees and bushes in areas known for public sex. LAPD officials say they have made a point of carrying out undercover operations less frequently in recent years. But when alternative tactics fail, the department has no choice but to deploy decoy officers, said Capt. Though lewd conduct complaints have dropped dramatically in recent years, Neiman said stings have been used to shut down persistent hot spots for gay cruising and lewd acts 11 times since Complaints often come from people concerned about sex acts in public places, namely libraries and residential streets, where children could stumble upon people engaged in a lewd act, Neiman said.
The pioneers were W. Warren and B. The pair had no prior police training but were given police badges in both cities. They were paid for each arrest and offered their services to other major cities, she said.
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In , The Times reported on an operation in which the two helped arrest 31 men accused of engaging in gay sex at private clubs in Long Beach. Soon after the arrests, one of the men, a prominent banker and church officer, committed suicide by ingesting cyanide. The fear that other men would follow suit led the city to temporarily ban the sale of toxic substances, The Times reported. In more recent decades, police agencies that employed the stings defended them as an effective way of responding to complaints about areas well-known for public hook-ups.
Decoy operations are necessary to make arrests, officials said, because the crime of lewd conduct is a misdemeanor that requires officers to witness the conduct to justify an arrest.
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Gary Carruesco, whose department stopped conducting stings after a judge found the practice to be discriminatory in Palm Springs police sparked outrage in when officers arrested 19 men in an undercover sting in a neighborhood known for gay resorts. Audio recordings of the operation caught a detective and the police chief making derogatory comments about the men who were arrested. The chief later resigned, and the department has not employed the tactic again, a police spokesman said.
In , Manhattan Beach police were blasted for releasing the mug shots of men swept up in a lewd conduct sting. Police said at the time that local lifeguards had found graffiti of graphic sexual images on restroom walls and holes drilled through stall partitions. One man sued the city, alleging that he was falsely arrested and that his photograph and name were released to the media. The department stopped using decoys soon afterward, said Sgt. In Long Beach, gay rights activists said they were troubled — and surprised — to see stings still being deployed in a city with a vibrant LGBT community and an openly gay mayor.