The Associated Press
MESA, Ariz. (AP) -- Maricopa County Sheriff Joe Arpaio says detectives working undercover in a prostitution sting had his approval to disrobe in the company of the women they were investigating.
And sometimes detectives touched and were touched by the suspected prostitutes, court records indicate -- something else approved by Arpaio.
“The only thing I’m going to admit to is my policy that I allow them to take their clothes off. As far as who touched who and all this, that has to come out in court or testimony,” Arpaio told the East Valley Tribune.
He added, “As long as it’s within the legality, sometimes you have to take that extra step.”
A sheriff’s captain in charge of last month’s sting in which 76 suspected prostitutes and their customers were arrested praised Arpaio for giving detectives the discretion to disrobe, which he said helped make the operation successful.
Search warrant affidavits show, however, that detectives sometimes had to do more than strip to deal with tactics prostitutes use to determine whether someone is a police officer.
In December 1999, such situations prompted then-Mesa Police Chief Jan Strauss to allow such undercover operations only after exhausting other efforts, such as inspecting massage parlors to ensure they conform to city codes.
Neal Bassett, a Phoenix defense lawyer who has represented numerous prostitutes, said the touching by the police doesn’t necessarily raise any legal issues because police are allowed to break laws to get lawbreakers. For example, an officer can speed to catch up with a speeder.
“I guess with conservative jurors ... they probably wouldn’t be real pleased with the idea of their police officers touching prostitutes, and it might cause them to render a not-guilty verdict just because they don’t like the practice,” Bassett said.
Arpaio said sheriff’s detectives will continue to be permitted to disrobe during sting operations.
“Legally, we are on the right foot. Taking the clothes off is somewhat unique, but the prostitutes in these homes and around this Valley know if you don’t take your clothes off, you’re the man,” he said.
Some cases involved detectives touching nude women’s breast and genitals to prove that they weren’t cops.
Arpaio said the prostitution investigation isn’t complete, and customers who weren’t picked up in the first round of arrests can expect to be contacted soon.