Cops revving = entrapment?

[Skrapmetal]

It may not be entrapment, but I would think that cop would be as equally guilty of street racing as you were. In my opinion, unless the cop had his lights on, him revving and pulling away from a light like that would be him street racing.

Do you think that an undercover officer who poses as a prostitute to catch solicitors should be charged with prostitution?

 

[Silver2003Cobra]

The definition of entrapments is

The key is that the person was induced into committing the crime and it has to be a crime that they never would have done but for the inducement. If you have raced on the street before, you are predisposed to it.

Revving is not considered a reasonable inducement, as no words are spoken and the conduct is not sufficient to communicate an inducement.

Next, there had to be some fraud or undue influence by the government. That means they must give you some reason to think it is okay to commit the crime or that you wont be arrested or that if you dont do it, something bad will happen to you.

THIS IS NOT EVEN CLOSE TO ENTRAPMENT.

I bet a good lawyer, would be able to argue, with a sympathetic jury that it is entrapment, and once that happens ONCE, the presedence is set..

 

[01cobravortech]

How is revving by a cop enticing a race? Thats the silliest thing I've ever read on this site. If you take the bait, then you get what you deserve.

 

[FordSVTFan]

Adam is correct...and much "quicker to the post" than an aging me.

The entrapment defense consists of three distinct elements: (1) the idea for the commission of the crime must originate with the state agent; (2) the crime must be induced by the agent's undue persuasion, incitement, or deceit; and (3) the defendant must not be predisposed to commit the crime.

Once again Adam- you beat me to it.

Sorry Chief, I just happened to be here at the right time. Your input is never wasted.

 

[FordSVTFan]

It may not be entrapment, but I would think that cop would be as equally guilty of street racing as you were. In my opinion, unless the cop had his lights on, him revving and pulling away from a light like that would be him street racing.

You and others here watch way too much T.V. A duly authorized L.E.O. acting within the scope of his employment is exempted from the law in order to enforce it.

So, undercover officers who pose as drug dealers should be charged with possession and intent to distribute?

 

[vroom-vroom]

How is revving by a cop enticing a race? Thats the silliest thing I've ever read on this site. If you take the bait, then you get what you deserve.

I'm guessing he meant some kind of unmarked cop car. If not..:dw:

edit: yep, the OP specified "unmarked" cop cars

 

[FordSVTFan]

I bet a good lawyer, would be able to argue, with a sympathetic jury that it is entrapment, and once that happens ONCE, the presedence is set..

Precedent is not set at the trial court level. It is not stare decisis. Additionally, if the elements are not met and a jury nullifies, it will be appealed or the verdict set aside.

 

[Mach1USMC]

I was taught that entrapment was if law enforcement enticed you into something you wouldn't normally engage in. So if you have speeding tickets, exhibition of speed tickets or any tickets similar to that, you would have a real hard time proving you were entrapped.

 

[SilverELEX]

Do you think that an undercover officer who poses as a prostitute to catch solicitors should be charged with prostitution?

Come on, you serious? I hardly think that is the same comparison.

 

[95Proof]

Although I agree with FordSVTFan's explanation, there is a difference between the prostitute officer and the street race officer. The prostitute officer never commits a sex act, the street race officer may very well, given the circumstances, participate in a contest of speed.

 

[FordSVTFan]

Although I agree with FordSVTFan's explanation, there is a difference between the prostitute officer and the street race officer. The prostitute officer never commits a sex act, the street race officer may very well, given the circumstances, participate in a contest of speed.

Except, I didnt offer the "prostitute" officer example. I offered the drug dealer example.

So, undercover officers who pose as drug dealers should be charged with possession and intent to distribute?

The officer would possess a quantity of real narcotics that tests as such and is of a weight to make a prima facie case for intent to distribute.

It doesnt matter, the law is written with these exceptions to allow for effective law enforcement. A L.E.O. isnt given the same exception when off duty, so what is the problem?

 

[95Proof]

I was not contesting what you wrote, I should have added in most people's mind that is the hang up - the officer may race. You addressed that before i posted. :beer:

 

[01cobravortech]

I'm guessing he meant some kind of unmarked cop car. If not..:dw:

edit: yep, the OP specified "unmarked" cop cars

And that doesn't make a difference. Street racing is illegal and the cop whether in a marked or unmarked car isn't forcing the guy to race. I'm so tired of people starting these threads about entrapment and not understanding the basics that are required for someone to raise this defense. Too many dumb people walking around who drive Mustangs, IMHO.

 

[FordSVTFan]

And that doesn't make a difference. Street racing is illegal and the cop whether in a marked or unmarked car isn't forcing the guy to race. I'm so tired of people starting these threads about entrapment and not understanding the basics that are required for someone to raise this defense. Too many dumb people walking around who drive Mustangs, IMHO.

Tell us something we didnt know. You "spit the troof." :rockon:

 

[Silver2003Cobra]

Precedent is not set at the trial court level. It is not stare decisis. Additionally, if the elements are not met and a jury nullifies, it will be appealed or the verdict set aside.

how high would something like that have to go, example Bill Gates is the "accused" and has more than enough money to take it as high as he wants to go..(probably all the way)

 

[jshen]

Depends on the court..cases are appealed on the local level, to the state appellate courts [in GA- it's the court of appeals] once a decision is reached...the loosing party may apply for cert. to the state supreme court..who IF there is a need such as the constitutionality of a statute or a unique issue may accept it. The decision is binding on lower courts. To get into the federal system..you jump from the state supreme court to the US supreme court..if they accept it. None of my cases have ever gone that far..My limit is the state supreme court.

Oh, money helps but it's the "issue of interest" that counts. I would think Bill Gates would be worrying about why Microsoft stock is in the cellar and not out trying to race an undercover officer....a little "Vista" humor...

 

[DanTheMan18]

Come on, you serious? I hardly think that is the same comparison.

Provide a good argument, instead of just dropping an opinion without anything to back it.

A cop posing as a hooker to see if you're going to try to pick her up is no different than revving at you in an unmarked car to see if you're going to try and race him.

 

[03gobluecobra]

Do you think that an undercover officer who poses as a prostitute to catch solicitors should be charged with prostitution?

I do not, but this is different. In your case, the officer doesn't actually commit the crime, the arrest is made beforehand. In the example above, the offense was commited by the cop when he revved and peeled out from the stoplight.

 

[99lightning_svt]

*Removed by moderator* Be an idiot in another forum.

 

[03gobluecobra]

You and others here watch way too much T.V. A duly authorized L.E.O. acting within the scope of his employment is exempted from the law in order to enforce it.

So, undercover officers who pose as drug dealers should be charged with possession and intent to distribute?

Does the cop actually have to race in order to catch this guy? No, he only has to rev and watch the other guy race. I gotta nothing against that. It's when the cop is actually racing himself before the other guy does anything wrong (and with no lights on, that is just as dangerous as if you or I did it). A good cop wouldn't go around putting someone's life in danger like that. A good cop would only rev and then chase afterwords if needed.