why is setting up a bait car not considered entrapment?
2006-08-23 14:50:08 · 12 answers · asked by Elliot Ness 2 in Politics & Government ➔ Law Enforcement & Police
http://dictionary.reference.com/search?q=entrapment
2006-08-23 17:37:04 · answer #1 · answered by merivel7 3 · 0⤊ 1⤋
Entrapment is when the cop causes someone to commit a crime.
Setting up a "bait" car is not entrapment because there is a choice of taking or not taking the bait.
If a cop causes a crime by committing a crime themselves or participating in the crime, then that is where entrapment begins. The crime has to be committed by the criminals free will, with no external "stimuli".
Example: a cop posing as a "john" goes up to a woman and asks for sex. If the woman asks how much he is willing to offer her in the way of money, she is committing prostitution. He can not offer an amount, but can ask her how much she is willing to take. By giving him an amount, she has committed the crime of prostitution, and the cop did nothing to cause her to commit that crime.
But if the cop goes up to the same prostitute and asks her to have sex with him and he will pay her fifty dollars to do so, he is committing entrapment.
2006-08-23 14:59:05 · answer #2 · answered by volleyballchick (cowards block) 7 · 1⤊ 0⤋
Its not entrapment because a reasonable and prudent person if put in the same circumstances which I remind you are readily accesable to any person passing the car would not think to steal whatever is in it. Entrapment is when an Officer intentionally gives someone the opportunity to steal or do something illegal that would not usually be accesible to that person. For example offering a "crack head" crack and then when they take it and smoke it the Officer arrests that individual. This is entrapment.
2006-08-23 15:15:56 · answer #3 · answered by Anonymous · 1⤊ 0⤋
entrapment is when you cause someone who otherwise would not break the law to break the law. For example, going up to a person and trying to get them to rob a bank with you - It's your idea and without your involvement they probably wouldn't have considered it let alone done it.
A bait car is just a car. There is nothing about it that will make a law abiding person try to steal it anymore than any other parked car. It is the actions of the criminal which make it a crime.
2006-08-23 14:53:15 · answer #4 · answered by grim reaper 5 · 2⤊ 0⤋
I believe it used to be entrapment and so was a cop selling you drugs and then busting you for it. They have changed the laws a lot so now I don't know the extent of what entrapment would entail.
2006-08-23 17:48:13 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I'm not sure what a bait car is but here's my take:
If an undercover cop is talking to you in vague terms and you make a clear verbal statement that is illegal like: "Will you give me money to have sex with you?" then that is NOT entrapment and you will be prosecuted...
However, if that undercover cop says, "Hey, will you have sex with me for 50 dollars?" and you say "Well, ok..." then that IS entrapment and you will be able to defend yourself in court.
2006-08-23 14:54:25 · answer #6 · answered by rabble rouser 6 · 0⤊ 0⤋
The bait car is just sitting there, no one trying to get you to take it, the bait car is no different from someone having an alarm on their car and you getting caught because of it. The bait car has a better alarm than most cars.
2006-08-23 14:57:42 · answer #7 · answered by NrmS 3 · 0⤊ 0⤋
I think that is entrapment.
2006-08-23 14:55:58 · answer #8 · answered by n2art2002 3 · 0⤊ 1⤋
The cops dodge it by not asking people if they want something illegal first, they make the "perp" ask for the drugs or hookers goods or stake out a stealable vehicle..
2006-08-23 14:54:14 · answer #9 · answered by Anonymous · 0⤊ 0⤋
because the cops are runniongout of ideas to catch criminals...if you are out to steal be prepered to get cought...you should also concider yourself lucky if the cops catch you before i do with my 45.
2006-08-23 14:53:43 · answer #10 · answered by Roxy 5 · 0⤊ 0⤋