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Salem police join new approach to citizen-led stings

A version of this story was originally published by Keizertimes.

The Salem Police Department has joined other police agencies in Marion County to devise new procedures for dealing with “sting” operations run by private citizens seeking to expose criminal conduct.

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The agencies devised the procedures following controversial sting operations, including one conducted last March in Keizer. That resulted in the arrest of a Keizer man on a child predator accusation and a Milwaukie man on accusations of encouraging child sex abuse.

Court records show the Keizer man hasn’t been formally charged. Marion County prosecutors say the matter remains open. Prosecutors did charge the Milwaukie man but available court records no longer show such a case.

Both were caught in an operation conducted without initial police involvement by something called EDP Watch. That operation is led by JiDon Adams, a Texas man who online goes by the name JiDion. He has a Youtube channel with more than 8 million subscribers.

According to the Keizer Police Department at the time, the operation involved an online decoy suggesting a child was available for sexual conduct. Police said that at no time was a Keizer child involved.

“Citizen-led criminal investigations raise ethical and public safety concerns,” according to the “Citizen-Led Investigation Response Plan” adopted by Marion County law enforcement agencies in May. 

“We do not encourage citizen-led ‘sting’ operations,” the plan states.

The plan notes that criminal investigations “are often complicated, dangerous and require significant training and expertise” that also protect citizen rights.

The plan said Marion County agencies increasingly encounter such citizen stings “where individuals or groups (often from outside this community) confront individuals suspected of criminal activity.” Police aren’t contacted “until an individual has been identified, lured to, and is physically at a known location.”

Brendan Murphy, Marion County chief deputy district attorney, told Keizertimes that the plan was developed because of the increase in such citizen stings. He said the organizers typically are from out of the state and operate websites that hype such operations.

He said law enforcement agencies worry about such operations by untrained organizers.

“My big concern is that one day somebody does this and gets shot,” Murphy said.

The plan said police will more closely examine how such operations are conducted and what risks there are to citizens.

READ IT: Citizen investigation plan

A suspect won’t be arrested at the time except in “extraordinary circumstances.” Instead, a suspect will be cited and released while a police investigation is underway.

Agencies make clear in the plan they will be suspicious of private policing operations.

“Delays in notifying law enforcement will be heavily scrutinized and should be viewed with caution,” the plan said.

Law enforcement agencies will consider whether evidence offered by such private operators is legal. The plan notes that prosecutors would have to prove that any electronic evidence has not been manipulated.

As an example, the plan states, “can the state prove beyond a reasonable doubt that a string of text messages is how the conversation occurred?”

The plan said that “citizens who organized the sting must be cooperative with law enforcement.”

Such organizers have to be willing to travel for court proceedings and survive legal challenges to their credibility, the plan states.

Marion County District Attorney Paige Clarkson’s office joined the plan. Before charging a suspect from sting operations, prosecutors will consider several factors, including “any history with any citizen who initiated the investigation” and “principles of fundamental fairness and justice.”

Agencies besides Salem and Keizer signing on to the plan include the Marion County Sheriff’s Office and Oregon State Police. Local departments in Stayton, Turner, Hubbard, Mt. Angel, Woodburn and Silverton also signed on to follow the new procedures.

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Les Zaitz is editor and owner of Salem Reporter. He co-founded the news organization in 2018. He has been a journalist in Oregon for more than 50 years in both daily and community newspapers and digital news services. He is nationally recognized for his commitment to local journalism.

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