Police speed trap = entrapment?

Question

A coworker of mine rides with me to and from work.  I drive down a divided highway and there is a certain spot that they always set up speed traps.  I find it hilarious that people still get caught speeding there because they have this little operation going on about 5 times out of the month when I'm on my way to work.  I noticed that they only do it in the morning.  

They usually have a car parked on the inner shoulder on  the northbound side of the highway (our side) as the spotter and the pursuit cars on the on ramp on the southbound side.  Today, the spotter car was a totally unmarked vehicle.  Generally, the unmarked cars are still the same style of the rest of the force's cars and have the special plates and lights inside of their car.  Today, it was a mid 90s short blazer with no lights anywhere and civilian plates.  As we drove past, we looked in the car and, sure enough, there was a police officer in uniform inside of the vehicle.  At this point, my passenger was saying that they couldn't do that.  I told him it didn't matter anyway because the people are still speeding and are therefor breaking the law.  If they didn't want to get pulled over, they should be driving the speed limit.  It's a chance they take.  Then he said it was entrapment.  I was under the understanding that entrapment is only if the police somehow coax you into breaking the law.  I told him that having the blazer parked there didn't press everyone's gas pedal farther down, but he was having none of it.  I'm sure there are some police officers that will be reading this.  Please help me convince my coworker that what they did was not wrong, just tricky.

Thank you!


Also, another quick question for you police officers.  Why do they only do this in the morning?  Do they do it because people are more likely to speed in the morning because they're running late for work?  Or maybe to inconvenience people to MAKE them late to work?  If you get a ticket as well as get in trouble at work, it might make someone less likely to speed again in the future.

photog · Accepted Answer

Of course it is not entrapment if people are already breaking the law by breaking the speed limit.

Sheesh!!

? · Answer

1

KC V ™ · Answer

First off...your friend is wrong...it is NOT "entrapment" nor illegal for an unmarked unit to run radar while pursuit vehicles chase violators.

Entrapment is a legal term defined as being an act of "a law enforcement agent inducing a person to commit an offense which the person would otherwise have been unlikely to commit."

Law enforcement using an unmarked vehicle has no influence on a violator speeding or not.  

An example of "entrapment" would be where the officer stopped you two miles up the road and told you to "go ahead, speed, I won't write you a ticket." After letting you go and watching you speed...pulls you over again and writes you a speeding ticket!

Whether or not the police patrol and operate in a specific area on a routine basis...the point of their presence is to slow speeders down. That makes the roadways safe for EVERYBODY not just those who think the rules don't apply to them! Why do they do this in the morning....because there's an increase in traffic where more people are prone to getting in to an accident when someone decides to speed around the law abiding drivers. 

The argument is ridiculous to say the officer made someone late for work because he stopped them and wrote them a ticket for speeding.

Had the violator left home earlier, they would not have had to speed to make it on time, therefore not get stopped and delayed.

The violator should put the blame where it belongs...not on the police for enforcing the laws of the state...but the violator who should have not broken the law to start with.

HINT: Don't speed...you won't get stopped!

Criminal Defense Lawyer · Answer

The bottom line is that for an entrapment defense to work, the police must initiate the INTENT to commit the crime, i.e. the police officer (perhaps undercover) suggests a crime that the defendant would not have otherwise committed.  

In your case, did the intent to drive above the speed limit come from the police officer or your friend who was driving? 

I think we all know the answer.

BAGOFSWAGS · Answer

Your friend doesn't know what entrapment is, you do.  The police have to get you to do something you normally wouldn't have done otherwise.  How did a policeman sitting in an unmarked car get people to speed?

? · Answer

The example you gave is not a speed trap. It is a change in the speed limit, & usually there are signs on the road warning of speed limit changes. Slow down follow the speed limits & pay attention to the signs & you won't have any problems...

Anonymous · Answer

you are correct. as far as why they do it in the morning, convenience. they know people speed there in the morning and they could care less whether you get in trouble for work. they will tell you that you made the decision to speed not them (even though many of them break traffic laws like it's going out of style)

Copgirl · Answer

First of all, there's no such thing as a "speed trap". You speed-you get caught-you get a ticket. Its that easy. You are in no way "trapped" into getting a ticket-you earned it yourself. Take a little responsibility for your actions, will ya.

Anonymous · Answer

not all but 90% of all police are crap Who would want to police their own people??(someone with a power trip that`s who, my brother`s a cop so I know the real deal! I These are the same people  that got their *** kicked in high schoo by everyone including girls!. There is no way i could ever do that job i like people and i like when people like me. That`s why cop`s only have cops friend`s  and most are drunks & wife beaters and trust me they joined to use their weapon! To scared to join the army and fight a real fight though.

GOD I HATE COPS! WELL ATLEAST THE BAD ONES  I COULD NOT POLICE MY OWN KIND YOU MURDER YEAH THAT`S WHEN A COP SHOULD BE USED NOT FOR B.S. SPEEDING SEAT BELTS BS!!!! THIS COUNTRY NEEDS TO BE KNOCKED ON IT`S *** AND WAKE UP. LIKE MY MAN ICE T SAID, WELL I DON`T HAVE TO SAY IT I`LL JUST PUT COP KILLERS ON FOR A LISTEN!  MAKES ME FEEL BETTER OH YEAH COPS TODAY ARE MORE LIKE A ARMY NOT A POLICE FORCE. THEY THIS COUNTRY HAS LAWED US TO DEATH WE ARE NOT FREE ANYMORE,DO NOT BELIEVE ME? LOL GO AGAINST THE GRIAN ONE TIME AND SEE WHAT HAPPENS?

Anonymous · Answer

First off, Go the limit for victory! Save gas, money and lives over here and over there! As for maggots...er...Police Officers 'entrapping' you for speeding, no. At that rung of the CRIMINAL Justice Ladder, they pretty much do what ever they want. It's part of the 'Social Contract' We the People have with them. In the interest of 'Public Safety' They and Them nullify the Constitution and sweep away the rights of the accused with callused and criminal disregard. It's OK since 99% of the people they pull over are 'guilty' anyway so what, right?
GO THE LIMIT FOR VICTORY, OVER HERE AND OVER THERE!

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Police speed trap = entrapment?

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