Is this entrapment?

Question

This is a scenario from Washington State in the early 1980s (see North v. Port of Seattle, King County Circuit Court, 1983). Officers planted a wallet with $10 inside but no identification near a pay phone. An individual picked up the wallet, put the $10 in his pocket, and walked away. He was then arrested for petty theft. I have two questions for you:

(1) Is this arrest legal or is it entrapment?
(2) Regardless of the current law, in your personal opinion should the arrest be legal?

Answer 1

I think it comes very close to defining entrapment. The police basically put someone in a situation that he wouldn't have been in otherwise. How often does a wallet with no ID and a small amount of money show up underfoot?

Compare the police woman pretending to be a hooker. The john is actually out looking for a hooker. So the cop isn't offering him something he wasn't already looking for.

One thing that is really interesting about this is I think the cops would have arrested fewer people if they'd put More money in the wallet. A thousand dollars would have caused people to become altruistic - they can't take a thousand without someone losing a thousand. But ten bucks just doesn't register on the morality meter. Who cares if someone too dumb to have ID loses ten bucks?

The only thing that would make it more entrepmant is if an undercover cop was there going, "Come on, take it. Nobody will know."

Answer 2

If the police set up the situation and then watched for a crime to occur, I beleive it is entrapment. However, if they were following a tip(say that there had been many pickpocket issues in that area) then it's not illegal.
If they have a history on the person who was arrested, I think it's both legal and an allowable arrest. If the person who was walking by had no history of being in the area when similar crimes were commited, nor a record of petty theft, than I think it's entrapment and should not be a legal arrest.

Answer 3

Entrapment means that the police made the person commit a crime that he woudn't have committed without the influence of the police. By just leaving the wallet lying out there, the police did nothing to encourage the crime. This is not entrapment.

The arrest is legal, and the person can be prosecuted.

Answer 4

No it doesn't sound like entrapment. If the cop told the person to take the wallet then yes.

They do it all the time with bikes and cars.

The guy stole the money. It wasn't his.

Finders keepers vs. losers weepers is not law

Answer 5

Yes it is a legal arrest. The police only provided the opportunity. The suspect was predisposed to commit the crime before his contact with the police.

I think the law it right here. If something is not yours you should not take it. If he had turned it in he may have gotten the money anyway.

That being said, I do think this is a complete waste of law enforcement resources.

Answer 6

No I.D. in the wallet? Finders keepers. I don't see how this could be considered entrapment I don't think any laws were broken.

Answer 7

1)Entrapment;
2)No, the arrest should not be legal.

Answer 8

How can they arrest him? He was entitled to pick up the lost or abandoned property. How did they know if he intended to turn it in or look for the owner or whatever? It sounds as if he was on public property so there was no duty to anyone in particular.

I don't see the crime, I especially don't see theft.

Answer 9

Didn't his mamma tell him never to steal. No that's not entrapment, that's just sheer dishonesty on his part. Whatever the circumstances, he knew the money wasn't his when he took it. He should have left it thinking perhaps the owner will come back for it ......tut...tut.

Answer 10

Don't think it's entrapment but it's damn unethical, shouldn't be legal, and just another example of some cop trying to make his quota.