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Meeting The Legal Challenges Of Pursing Digital Criminals

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Cyberliberties

Our History Rooted In Ethical Practices

The Sheriff's Internet Crime Task Force began in November 1998 after Wayne County Sheriff Robert A. Ficano became concerned about who was talking to his 16-year old daughter in an AOL Chat Room.

After disucssons with his Chief of Operations-Legal Advisor, Eric V. Smith, the Sheriff asked his Chief of Staff, General Counsel, and Deputy Chief of Staff to put together a threat assessment for his review.

After consultation with and complex legal analysis by Wayne County Prosecuting Attorney John D. O'Hair undercover sheriff's deputies begin actively patrolling the Internet for the first time in Michigan. On November 9, 1998, the undercover investigators arrested a 34-year old Detroit man who was expecting to have sex with a 14-year old girl he met in an Internet Chat room.

This would be the first arrest in a string of arrests for the Task Force. Our third case, the arrest of child sex predator Christopher Thousand, established new Michigan Case Law that supports police officers portraying underage minors.

As of this date, all of the individuals arrested by the Task Force have pled guilty, been convicted, or are still appealing their arrests to higher courts. No suspect has proved himself not guilty before a Judge or Jury.

No suspect has ever raised entrapment as a defense in Court. This is due primarily to the many internal safeguards that Sheriff Robert A. Ficano put in place to make sure that an individual's constitutional right to free speech --- even unpopular speech --- were protected.

Of the suspects who appealed their arrests to higher courts, each claimed that it was legally impossible for them to be guilty of a crime since they were actually talking to an adult police officer --- and not to real underage minor.

The Michigan Court of Appeals upheld such arrests, as did the Michigan Supreme Court. Sheriff Robert A. Ficano drafted new legislation, which was enacted by the Michigan Legislature that specifically authorizes police officers to portray underage minors on the Internet.

Another law drafted by Sheriff Ficano, and introduced by State Senator Mike Rogers (now US Congressman Rogers) made Michigan the first state in the nation to permit asset forfeiture for computer crimes.

The Sheriff and his Internet Crime Task Force have cast a narrow net, but it is a net from which no arrested digital criminal has been able to escape.

Sheriff Robert A. Ficano is a long-standing champion of justice; he relentlessly pursues criminals while tirelessly safeguards the rights of the innocent.

Enforcement Tempered By Commonsense

Ficano: On Drug Forfieture

Sheriff Wins $8 Million Lawsuit Against Drug Dealers

Ficano: On Racial Profiling

Legal Research Resources

Michigan Compiled Laws Search Engine

State of Michigan Bar Journal

Internet  Law Journal

These links highlight significant legal milestones in the battle against digital criminals in Michigan.

Detroiter has sex with 13-year-old he met online

Fiction for defense attorneys

MI: Court of Appeals

MI: Supreme Court

New Law Proposed

Laws drafted by Sheriff Ficano

MI: Police can portray children

MI: Assest forfeiture for computer crimes

Online Anonymity

Police Beat

Task Force Personnel
Past and Present

Sheriff Robert A. Ficano
Undersheriff Donald E. Watts

Deputy Chief Ralph Kinney
Director of Investigations Hank Buffa

Sergeant Robert Johnson
Sergeant Christopher Clark
Sergeant Robert Gothshaw
Sergeant Gregory Gordish

Detective Roscoe Jackson
Detective Louis Levin

Lead Investigator Norman Gibson
Lead Investigator Marty Kolakowski

Investigator Erin Diamond
Investigator William Liczbinski
Investigator Jason Case
Investigator Raymond Johnson
Investigator Dustin Denio
Investigator James Edwards
 
Intern Will Luker

We are shaped by each other. We adjust not to the reality of the world, but to the reality of other thinkers. - Joseph Pearce

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