Bag This Tactic

To the Editor:

Proactive policing has run amok with the return of "Operation Lucky Bag," after prosecutors and judges shut it down nine months ago. In this misguided attempt to catch evil-doers, police make arrests of people who pick up "planted" bags or wallets, and don't immediately turn them over to the police or other authorities. Prosecutors and judges suspected, and later proved, that innocent citizens were getting swept up with thieves in the aggressive anti-crime operation.

There are many problems with this misguided strategy. First, there is the deterrent effect on all would-be Good Samaritans, who would like to return the property, but will now be afraid to go near a wallet or a bag in public. Then there is the entrapment factor, where it can be argued that this operation encourages one to commit an illegal act that he would not have done - but for the encouragement of the police. Most important, of course, is the actual statistical evidence showing that at least one-half of those arrested were eventually released because they did nothing to show they intended to illegally keep the found property. Innocent people were humiliated and abused, and this can permanently and negatively affect their attitudes and interactions with the police.

It's worth noting that a version of "Operation Lucky Bag" has been used by Internal Affairs on police officers themselves, and this "planted wallet" operation was loudly criticized by the Patrolmen's Benevolent Association and other police unions. Some officers failed these integrity tests. What's good for the goose is good for the gander. However, this aggressive police strategy is bad for everyone.

MICHAEL J. GORMAN

Editor's note: The writer is a retired NYPD Lieutenant and an attorney.