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kehkohjones
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You're correct; they're wrong. Entrapment would constitute the authorities causing you to do something you would not ordinarily do. If a person breaks the law, like the speeding person example, the issue is not where there police were or were not; the issue is the fact that the person driving broke the speed limit and THAT is against the law. Period. The police had nothing to do with causing the person to speed. |
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El Neenyo
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I would agree with you. Entrapment is defined as: To lure into performing a previously or otherwise uncontemplated illegal act.
Therefore like you said you are breaking the law on your own- nobody is making you speed. |
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Tara P
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Not entrapment. For entrapment to apply, the defendant has to prove that but for police intervention, defendant would not have committed the crime. In your situation, the speeding occurred regardless of whether the police were in plain view or hidden under a bush with a radar gun. Imagine if you could defend tickets by saying you didn't see the cop there. |
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sharkinthewater
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No, that's not entrapment. Entrapment only applies when the police coerce you into illegal activity that you would not have otherwise engaged in. Similarly, undercover operations by police buying drugs, soliciting prostiutes, or internet child luring stings do not constitute entrapment where the perpetrator first engaged the undercover officer in the illegal activity. Also, contrary to the popular urban myth, it is not entrapment if you ask someone if they are a cop and they lie and tell you no and then you commit an illegal activity such as selling them drugs. |
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Demon Doll
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I agree that it's not entrapment. The person shouldn't be speeding in the first place. |
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Arius
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Interesting logic there! Would it then follow that if a cop was hiding behind a wall, while observing you, for example, killing someone or robbing a bank, that you would be innocent because you couldn't see the cop?
Mmmm! That means you are not breaking the law unless you can see a cop! I never knew that. Must tell the robbers to wear blindfolds! |
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Kaye G
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I've always heard that you can ask them to see the radar detector to prove that you were speeding. I've never tried it though. It would probably be cheaper just to pay the ticket. |
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CarolinaGirl
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I agree with you. It's not entrapment because you were speeding on your own. Just because you slow down when you see a cop does not justify the fact that you were speeding prior to meeting him. That would mean unmarked patrol cars were entrapment as well, since you don't know they are there until you speed up and pass them, and those are perfectly legal. |
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♥ Cassie ♥
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It's not entrapment unless the cop asked you to drive over the speed limit before hand. |
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KB
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It's not entrapment.
The cop didn't do anything to make you speed.
However, each state has different laws regarding how a cop can verify that you are speeding (for example, in California, they can't use a radar, they have to tail you and verify your speed by driving behind you) |
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strike_eagle29
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YOUR RIGHT IN YOUR ANALOGY ENTRAPMENT IS WHEN THE POLICE HELP YOU BREAK THE LAW. DOING 90 IN A 65 IS YOUR OWN FAULT. NO ONE FORCED YOU OR ENTICED YOU TO GO THAT FAST. |
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Erika B
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I'm no legal expert, but I'm going with you on this one. They'll probably throw it out or reduce it anyhow, depending on the amount over the speed limit, but I think it's legit. |
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Nani
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It is not entrapment if you are speeding you are doing just that and breaking the law. I believe the only place they can not park is in a private drive way, in that case he can not ticket you. Let me ask, If you rob a bank and the cop was not in the bank but he is the one that catches you, can he charge you for robbing the bank or is it entrapment because you did not see him at the bank. Breaking the law is breaking the law what ever the offense |
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zzHoUnDzz
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I think you are right. |
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zeebya
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A number of municipalities have enacted laws that state that officers monitoring traffic MUST be visible to that traffic, otherwise it's a "speed trap." |
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robert s
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no it is not entrapment.in for entrapment laws to hold up you have to cohersred into doing something you wouldn;t ordinaritly do |
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FlyChicc420
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As far as I know you're right. Cops do it all the time here. And breaking the law is breaking the law, you shouldn't have to "correct yourself" just because a cop is around. |
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♫ giD∑■η ♫
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You are right the police have induce (entrap) the person to commit the crime. |
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guicho79
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Entrapment is nothing but a big word that criminals use when they have nothing else in their defense. What other person to blame when you get caught red-handed than the one who caught you. The problem with entrapment is that you get in a situation where it's your word against the cop's. Good luck winning that one. In the specific situation that you mention, a cop can give you a speeding ticket, -which is but a charge and citation, not a plea- for being 100 miles over the limit without having to prove it to you on the spot (innocent until proven guilty beyond reasonable doubt). But you do have a good chance of having your case thrown if you decide to contest, since cops, believe it or not, have more things to do than testify against every single person they write a ticket to, so simply by being there and the officer not, you win the argument. Mayor cities prefer not to waste an officer's and court's time and resources arguing with Average Joe. Just remember that a speeding ticket is usually cheaper than an attorney's fee, unless you are really into "beating the system". |
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