Alcohol Sting Cases Imperiled Over Identity of Informants October 19, 2005
News Summary
A Florida judge recently dismissed a case against a liquor store accused of selling to underage buyers when police refused to reveal the identity of the adolescents used in sting operations, the Tampa Tribune reported Oct. 17.Hillsborough County police typically use Explorer scouts ages 19-21 to attempt alcohol purchases during police-monitored sting operations at local convenience and liquor stores. Police contend that their young informants should remain anonymous, since their age is the only salient fact in the stings.
However, that policy is problematic in cases where retailers fight underage-sales charges, since the main witness to the alleged crime would not appear in court. In light of the recent dismissal, local prosecutors are now reviewing such cases to decide which ones would be worth taking to trial.
"It's an element of the crime that the person they [defendants] are selling to is underage," said Hillsborough Assistant State Attorney John Johnson. "We can't prove that unless the person comes in."
Sheriff's Chief Deputy Joe Docobo said revealing the names of informants has never been necessary because all they would have to testify to is the fact that they were under age 21. Plus, an undercover deputy always accompanies the Explorers during the stings.
"They volunteer," said Docobo of the Explorers. "They don't get paid to do this, and it would be a substantial burden on them to live in court."
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