Cop’s Misconduct Leads to Overturning of Conviction

From the StarTribune:

An undercover Minneapolis police officer engaged in outrageous conduct when he fondled a masseuse who was the target of a prostitution investigation, the state Court of Appeals ruled Tuesday in a decision that could open the door for criminal defendants in other sting investigations.

The police officer, David Pleoger, violated Betsy Burkland's right to due process when he initiated the sexual contact with her and allowed it to escalate, Judge Wilhelmina Wright wrote in a decision for a three-judge panel that also included Judges Terri Stoneburner and Larry Stauber.

Burkland was appealing her conviction in a lower court. Her attorney said he believes the decision marks the first time an appellate court in the United States has ruled that an officer's sexual conduct in a prostitution sting violated due process.

The incident occurred at a tanning salon in South Minneapolis.

The City is expected to appeal.

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