Law enforcement doesn't need express authorization to engage in undercover investigations; that is part and parcel of what law enforcement does.
My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference.
What exactly do you mean "investigations for solicitation of a minor?" They are posing as underage in a chat room that is for adults? Nothing illegal about that. I don't know what your exact scenario is but the police will lie, impersonate etc in undercover work. That's why it's called undercover. I don't think there would need to be case law, although there may be some that touches those issues. If you or someone you know is facing these charges, don't waste time. Hire a lawyer right away.
My response is to a question or questions that were set out in probably several sentences. Criminal law is complex and applying it to fact situations is also complex. My response is a general application of the knowledge I have to, at best, a skechy set of facts. You may, inadvertently, be omitting a very important fact or issue that affects a proper legal analysis. Ultimately, my advice is to contact a lawyer in person and talk to her or him about your issues.
There is no case decision needed. Law enforcement may conduce undercover investigations without court approval. This practice is LEGAL nationwide. If you are facing charges of solicitation of a minor you need to immediately retain experienced criminal defense counsel. And by immediately, I mean yesterday.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
The Texas Court if criminal appeals has held that some parts of the online solicitation of a minor statute was unconstitutional. If you are being charged with an offense contact an experienced criminal defense attorney, most San Antonio attorneys like myself will offer you a free initial consultation
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