Got busted by the Popo!
Evolving Member
Joined: Dec 2002
Posts: 438
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From: New Jersey
Originally Posted by strongbear0
Breaking the law to enforce the law. Something is totally wrong with that. WTF.
Evolving Member
Joined: Oct 2004
Posts: 429
Likes: 0
From: Ohio
Originally Posted by ZapcoLancer
Right from dictionary.com: NOTE: Entrapment is available as a defense only when an agent of the state or federal government has provided the encouragement or inducement. This defense is sometimes allowed in administrative proceedings (as for the revocation of a license to practice medicine) as well as criminal proceedings. In order to establish entrapment, the defendant has the burden of proving either that he or she would not have committed the crime but for the undue persuasion or fraud of the government agent, or that the encouragement was such that it created a risk that persons not inclined to commit the crime would commit it, depending on the jurisdiction. When entrapment is pleaded, evidence (as character evidence) regarding the defendant that might otherwise have been excluded is allowed to be admitted.
The key words there are encouragement and inducement. By the officer pacing the evo, he is technically not encouraging the evo driver to take off. The officer yelling at the guy with the evo, "Go on, show me what you got, lets go" That has more of a chance as being classified as entrapment. These cases happen all the time, and 9/10 times its the officers word vs yours, so good luck. Be very careful when reading that note before placing any replies in regards to it. Dont let the words play you a fool. For example, the "undue" persuasion part. It's all about technicality as I said earlier today, 9/10 people will say the officer entrapped the person. I guess I can see how in some cases it was thrown out, especially in the hands of a good defense lawyer, however it is not common. There are also numerous other ways in handling the situation of being paced or attempted to be street raced other than downshifting and taking off away from them. That can be considered reckless driving and make the situation a lot worse. You can pull off to the side of the road and call the police and report the vehicle, you can also slow down and just let them pass you, and then go back to normal driving. I cant say I wouldnt of done the same if I were in your shoes, because I probably would of, however, I wouldn't claim the "entrapment clause" as my defense for my actions. I would just try to get good defense and fight it off or take it in the chin.
The key words there are encouragement and inducement. By the officer pacing the evo, he is technically not encouraging the evo driver to take off. The officer yelling at the guy with the evo, "Go on, show me what you got, lets go" That has more of a chance as being classified as entrapment. These cases happen all the time, and 9/10 times its the officers word vs yours, so good luck. Be very careful when reading that note before placing any replies in regards to it. Dont let the words play you a fool. For example, the "undue" persuasion part. It's all about technicality as I said earlier today, 9/10 people will say the officer entrapped the person. I guess I can see how in some cases it was thrown out, especially in the hands of a good defense lawyer, however it is not common. There are also numerous other ways in handling the situation of being paced or attempted to be street raced other than downshifting and taking off away from them. That can be considered reckless driving and make the situation a lot worse. You can pull off to the side of the road and call the police and report the vehicle, you can also slow down and just let them pass you, and then go back to normal driving. I cant say I wouldnt of done the same if I were in your shoes, because I probably would of, however, I wouldn't claim the "entrapment clause" as my defense for my actions. I would just try to get good defense and fight it off or take it in the chin.
this is not entrapment. entrapment is getting you to do something you were not predisposed to do. if you moved out of his way and raced him you were predisposed to do that anyway whether it be a mustang, civic, whatever. you even said it yourself "you took the bait." putting the bait out is not entrapment. if you go any further than that it is entrapment but just setting bait out there is not, sorry. its like those cops who go in plain clothes, act drunk, and *******s come up and go through their pockets and take their money. those robbers were going to do that anyway, the cops just put out the bait. next time dont take that bait and you will be fine. good luck with the ticket.
like zapcolancer said had the copper pulled up next to you and said "lets see what that thing has" or "lets run these babies" then thats entrapment. thats a little more than putting out the bait. simply accelerating and decellerating is not entrapment, its putting out the bait.
Originally Posted by evilution8
simply accelerating and decellerating is not entrapment, its putting out the bait.
I gotta get myself a camera next time i go driving down that way again to see if i get provoked again...I dare anybody to try this and post it (wouldn't that be interesting)....that way we'll have the cops license plates and his freaking face on video to report this entrapment..
That does suck! Oh yeah, they can take your license, it's standard proceedure for out of state drivers btw. If he's trying to make it a case of street racing, you might not want that trial by jury. The public opinion on street racing is pretty aggressive these days. All the cop has to say is that they have had reports of a "insert color here" street racing and the cop was trying to find this person for the well being of the general populace and you could end up with jail time for speeding!!! Most adults forget that they would drag race when they were young as soon as they have their first kid. If you try and go trial jury it might turn into a media frenzy about street racing. Summer is coming up and I'm sure there will be at least 1 F&F type movie coming out... Go for the court supervision or driving school. Don't risk it and take the lesson for what it was. It could have been worse, the cop might have stuck with you up to 100+ and then cited you for attempted suicide along with a C&R! It would have been a lot harder to get your lic back after that!!!
Good luck with it though.
AMG
Good luck with it though.
AMG
everytime i took a ticker to court, all i had to do was stand up and make my plea, and then after i made my plea, i sat back down until everyone was done, because there were about 50 people in there with traffic violations of some sort, or underage drinking tickets. Anyways my point being, its not evem up to the judge, its up to the city attorney, or district attorney, they actually take you in a diferent room by yourself, and then ask you what you want or why you are fighting the ticket, and then just tell him the story, you minding your own business....... blah blah blah, and then they are usually pretty nice about everything, like i got a ticket for unattentive driving, and it cost me like 4 points or something like that, but i told him that i will gladly pay the fine, but i just wish that the points would get knocked off, so he did it, he changed my ticket to disorderly conduct for the same amount of the ticket, but NO POINTS, plus insurance doesn't go up either.
Another story, i got pulled over by a city cop 3 times, in one day for window tint, actually all within 5 hours. anyways he gave me three tickets, a warning the first time, one the next time, and then two the next time, anways i took that one to court also and the city attorney threw two of them out and made the other one a seat belt fine, so i had to pay 10 bucks rather than 136.50 for each one. so its not really up to the judge its up to the city or district attorney. all teh judge does is sign the paperwork that the attorney brings in for him to sign.
i could tell you about 2 other times i went to court, and the law was on my side so i guess i woud take it to court and tell the attorney whats up.
Another story, i got pulled over by a city cop 3 times, in one day for window tint, actually all within 5 hours. anyways he gave me three tickets, a warning the first time, one the next time, and then two the next time, anways i took that one to court also and the city attorney threw two of them out and made the other one a seat belt fine, so i had to pay 10 bucks rather than 136.50 for each one. so its not really up to the judge its up to the city or district attorney. all teh judge does is sign the paperwork that the attorney brings in for him to sign.
i could tell you about 2 other times i went to court, and the law was on my side so i guess i woud take it to court and tell the attorney whats up.