Supreme Court upholds stings by ‘vagrant’ detectives

Friday, April 29, 2005 | 9:19 a.m.

CARSON CITY -- The Nevada Supreme Court Thursday upheld the convictions of two men arrested by Metro police in undercover decoy programs in which officers are dressed as vagrants.

The operation in July 2003 was aimed at stopping a rash of robberies in the downtown Las Vegas area.

Richard W. Miller was convicted of larcency, and Rufus L. Daniels was found guilty of robbery in the separate "sting" operations.

The court rejected the claims of entrapment lodged by the men in separate appeals.

In the Miller case, Detective Jason Leavitt disguised himself as an intoxicated vagrant in downtown Las Vegas across the street from the Greyhound Bus Station. Leavitt had 20 $1 bills in a pocket and left a small portion of the bills exposed.

Miller approached the detective, asked for money and then put his arm around Leavitt and took the bills out of his pocket. He was convicted of larceny and sentenced to 32 months in prison.

The court said, "The police committed no misconduct in this operation. The opportunity presented was sufficient to lead to a criminal act only by a person predisposed to commit a crime."

It said Leavitt did not feign unconsciousness nor was his money readily accessible. Only a portion of the bills was exposed.

In the second case, also involving Leavitt, he rubbed charcoal on his face and wiped beer on his neck to give off the odor of alcohol and walked with a limp. He positioned himself at the corner of Seventh and Fremont streets.

Daniels approached Miller and showed him a silver charm necklace. He then pushed the detective back and took a wallet containing 20 $1 bills from the breast pocket of the sports coat.

Daniels argued that he was entrapped by police, improperly tempting him with exposed money and a helpless victim.

The court said the entrapment defense requires proof of two elements -- the state presented the opportunity to commit a crime and the defendant was not predisposed to commit a crime.

The court said Leavitt did not entice Daniels into stealing the money.

"Rather, Daniels approached Detective Leavitt on his own accord, shoved a necklace in Detective Leavitt's face and grabbed Detective Leavitt's wallet."

Daniels was sentenced to 10 years in prison.