For example: If you are coming up on a set of building, say at night, and you can't see what is on the other side from either way and a cop is hidden far in the back in between the buidlings can that be considered entrapment, if you were to be pulled over for speeding or other cause?
2007-03-08 14:39:06 · 13 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Also, for example, if a cop arrests you for selling drugs and he doesnt read you your merranda (spelling?) rights, can you get out of that?
2007-03-08 14:47:19 · update #1
First of all, I asked a simple question, I wasn't asking for everyone to bash me and accuse me of not following the law or being on DRUGS! I was asking because, I WAS doing the legal speed limit and I just happened to see a cop hidden far beyond two buildings and wondered what exactly was considered entrapment and if that fell into play. Also, as far as the Miranda was concerned I wasn't implying in anyway that I've EVER even been in any situation dealing with cops and being arrested to where I'd have had to have one read to me I had thought of the question, AFTER seeing cops if that helps you, and once again figured this would be the place to get my answer...not be accused of not following the law and being on drugs. you people are funny.
2007-03-08 15:16:25 · update #2
First, Miranda generally only applies when you are both in custody and being interrogated. Simply being arrested does not invoke Miranda.
No, a traffic officer hiding from your view is not "entrapment". Entrapment is when an otherwise law abiding citizen is induced to commit a crime.
One definition from http://www.lectlaw.com/def/e024.htm :
ENTRAPMENT - A person is 'entrapped' when he is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit; and the law as a matter of policy forbids conviction in such a case.
However, there is no entrapment where a person is ready and willing to break the law and the Government agents merely provide what appears to be a favorable opportunity for the person to commit the crime. For example, it is not entrapment for a Government agent to pretend to be someone else and to offer, either directly or through an informer or other decoy, to engage in an unlawful transaction with the person. So, a person would not be a victim of entrapment if the person was ready, willing and able to commit the crime charged in the indictment whenever opportunity was afforded, and that Government officers or their agents did no more than offer an opportunity.
On the other hand, if the evidence leaves a reasonable doubt whether the person had any intent to commit the crime except for inducement or persuasion on the part of some Government officer or agent, then the person is not guilty.
In slightly different words: Even though someone may have [sold drugs], as charged by the government, if it was the result of entrapment then he is not guilty. Government agents entrapped him if three things occurred:
- First, the idea for committing the crime came from the government agents and not from the person accused of the crime.
- Second, the government agents then persuaded or talked the person into committing the crime. Simply giving him the opportunity to commit the crime is not the same as persuading him to commit the crime.
- And third, the person was not ready and willing to commit the crime before the government agents spoke with him.
On the issue of entrapment the government must prove beyond a reasonable doubt that the defendant was not entrapped by government agents.
- Carl
2007-03-08 15:05:14 · answer #1 · answered by cdwjava 3 · 0⤊ 0⤋
Carl (cdwjava) gives a great answer.
Entrapment is when a police officer (or other govt agent) causes you to commit criminal activity that you wouldn't have committed on your own. It's not entrapment if you choose to speed on your own, and simply don't notice the cops.
Second, Miranda are not required when you are arrested. They are only a requirement when you are subjected to interrogation (questioning) while in custody. So, police can arrest you (assuming probable cause) and never read you your Miranda rights, and that's perfectly legal.
It only becomes a problem if they ask or say something that causes you to make an incriminating statement. If you haven't been read your rights before the question you, then any statements you make are likely to be excluded from evidence.
2007-03-08 15:28:10 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
Like Kaia mentioned, entrapment is when a cop encourages you to do something wrong then arrests/stops you for it. In this case, it would be entrapment if he pulled up next to you and asked you to race. However, what he did was just find a good hiding spot.
2007-03-08 14:48:27 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Nope that's not entrapment. That's hiding behind a building catching speeders.
Entrapment is where, as an example, a policeman comes up to you and asks you if you want to buy a kilo of weed. Then arrests you when you do. That's entrapment. If you ask him for it, that's stupidity and you lose.
2007-03-08 14:44:45 · answer #4 · answered by Kaia 7 · 0⤊ 0⤋
If you are ever traveling down a lonely road late at night and you hear the clicking sound on the CB radio and the man says "This is the White Knight put the hammer down no Smokey's in site" That's entrapment.
2007-03-08 16:47:17 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No. Entrapment is more so when a Police Officer, usually undercover, sets the stage and provides you with the means to commit a crime you were have not otherwise done without their input.
Miranda only applies if you are in custody (under arrest) and the officer whats question you regarding a crime he believes you committed.
2007-03-08 14:47:02 · answer #6 · answered by Anonymous · 2⤊ 0⤋
i answer this same question all the time. entrapment is defined as: the action of luring an individual into committing a crime in order to prosecute the person for it.
the officer is not making you speed by being there. in all honesty, he/she prolly wasn't even watching traffic, maybe writing a report out.
2007-03-08 16:20:04 · answer #7 · answered by Kevy 7 · 0⤊ 0⤋
That is not entrapment. It is always presumed that you are following the law whether you can see the police or not on your sight. You must comply with the law even without the presence of the police authorities.
2007-03-08 14:46:50 · answer #8 · answered by Jesus M 7 · 0⤊ 0⤋
Entrapment would be if he pulls up besides you and challenges you to a race. Being out of sight is just him being smart.
2007-03-08 14:47:39 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Did it ever occur to you that at proper speed you may have seen him?
If you're on drugs, how do you know for sure you weren't marandized?
2007-03-08 15:08:59 · answer #10 · answered by Q S B 2 · 0⤊ 0⤋