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Court says Minneapolis officer went too far in fondling during prostitution sting
He could have gotten evidence without sexual contact, Appeals Court rules.
By ROCHELLE OLSON

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 violated the masseuse’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.

The masseuse 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 ruling said that the officer went to Peaceful Image Tanning and Bodyworks in 2008 after receiving a tip about prostitution. He met the woman, arranged a one-hour massage for $70 and then took off his clothes in a massage room. When the masseuse entered the room, she offered to perform the massage topless for an extra $30 and the officer accepted.

After a while, the masseuse asked the officer to turn onto his back, and he asked if he could touch her breasts, the court said. She put oil on her hands and rubbed his genitals. He asked if the “release” was included in the $100 fee and she said yes.