and is it criminal for them to use illegal means to do so?
2007-02-23 11:10:42 · 8 answers · asked by wicked6string 2 in Politics & Government ➔ Law Enforcement & Police
You just gave the definition of entrapment.
The police have to be very careful if they encourage a crime or if they do something criminal then they are breaking the laws and go over to the criminal side of the fence.
Without knowing your case I can't give you much advice because you have to define what crime the police committed and to prosecute you have to show proof that they committed the crime.
Inducing a crime is something else. In one movie the police arrested a group of known criminals and put them together in the same holding cell confident that they would get together and commit a crime. The police certainly induced the crime, or set up the circumstances so that a crime COULD happen. However, they didn't do anything unlawful so a case against would fail.
It is a question of ethics and law. It is possible to go around the law and commit an act that would be considered to be morally wrong, but not necessarily illegal.
In my area the police have had a lot of success with bait cars. They leave the car unlocked with the keys inside. This sounds like entrapment, but no one has to steal the car. If a Good Samaritan opened the door pulled out the keys and tried to find who owned the car then they would be stopped by the police, but not prosecuted. The police only prosecute a case when a person gets behind the wheel and drives off with the car, at that point it is stolen. With a remote control the police cut the power, kill the engine and lock the doors so they can’t be opened until the police arrive. This isn't a case of entrapment, but it sure is a big tease.
In Virginia police set speed traps besides the road, as police do in every other state. Someone was caught and hired a good lawyer. Then the lawyer posed the theory that since the police officer did not make himself visible it was a case of entrapment. So now days when the Virginia police set up a speed trap they have to leave their headlights on. Of course they can still set themselves up at a blind corner or in a busy area with a lot of traffic. This situation is a complex one and the minor change only narrows the choice of where the police can set up their speed traps. I once saw a Virginia police officer set up on a busy road between two buildings. He had his lights on but they were drowned out by the traffic and no one could see him until they were almost in front of him, and then it was too late for them to slow down.
In Texas it is common for police officers to set up a sting where they pretend to be working on a car pulled over on the side of the road. The police officer at the car holds a radar detector and then radios his fellow cops down the road when he detects a speeder. In Houston they tried to automate this by parking a van on the roadside and including a speed detector in it with a camera that took a picture of the license plate of any speeder, then a ticket was mailed to them. The information was black and white, but since the police didn’t prove that the owner of the car was behind the wheel they couldn’t properly fine the speeder. Because of this many traffic light cameras are now set up so that a camera snaps a picture of the license plate, the car running the red light and the driver of the car. This just shows how subtle things can be.
2007-02-23 11:32:59 · answer #1 · answered by Dan S 7 · 1⤊ 1⤋
Police do not induce crime. The element for the crime must first exist. Examples are prostitution and drugs. If a person is driving around looking for a prostitute then a female officer can stand on a corner and wait for a person like this and if this person offers to pay for sex this is a legal arrest. Drugs the other example police officers can legally do what is called a reverse buy. A person is looking to purchase narcotics this person is introduced to an alleged dealer drug, but the drug dealer is really a police officer.
the buyer officers X amount of money for the narcotics. The person brings the money the officer brings the narcotics and after the exchange the buyer is arrested. These are legal. A police officer can lie to a suspect - so long as this lie would not cause an innocent man to confess. Police officers can use religious items - placing them on a table during an interrogation of a suspect who is known to have strong religious ties. This secures a confession and it is legal. In short if a person goes looking to commit a crime - the foundation by the criminal is made. No illegal means are used.
2007-02-23 12:03:07 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Entrapment refers to a law enforcement official intentionally placing an individual in a situation where they are more likely to commit a crime, when otherwise it is likely that they would not.
Pretending to be involved in illegal activity in order to observe or or interact with suspected criminals in an illegal act does not constitute entrapment. An example would be a phony drug deal.
Your question didn't provide any details to work with.
In the drug deal example, while it would be illegal for the officer to engage in drug use, this would not constitute entrapment.
.
2007-02-23 11:34:40 · answer #3 · answered by Rob D 5 · 2⤊ 1⤋
Nope, sorry. Not entrapment. Entrapment would be the police speeding next to you without lights and sirens and you trying to keep up with him assuming he is doing the limit and then he pulls you over for speeding. But what you mentioned is not entrapment.
2016-05-24 03:46:45 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Can you be more specific what you believe as entrapment and illegal means?
2007-02-23 11:15:17 · answer #5 · answered by CC 6 · 2⤊ 1⤋
like Perverted Justice. No but who is going to be the Judge.
2007-02-23 11:16:40 · answer #6 · answered by Anonymous · 0⤊ 1⤋
yes
2007-02-23 11:16:47 · answer #7 · answered by greg a 3 · 1⤊ 1⤋
Yes. That's why they don't do that.
2007-02-23 11:22:02 · answer #8 · answered by Anonymous · 2⤊ 0⤋