Category Archives: law

than to remove all doubt: entrapment

I hear this all the time. That’s entrapment! You cant to that..that’s entrapment. I’ll have your job, that’s entrapment. I’ll be on the street tomorrow, that’s entrapment. While the last one may be true, it probably wont be because you were entrapped by the Police.

Every State has different definitions and Laws, but in general entrapment is a practice whereby a law enforcement agent induces a person to commit a criminal offense that the person would have otherwise been unlikely or unwilling to commit.

A simple example. I put an unlocked bike on a street corner and watch it waiting for someone to steal it. That’s not entrapment. If I point it out to you and say “hey I’ll give you $200 if you swipe that bike over there.” then I arrest you when you take it…that’s entrapment.

Speed Traps are not entrapment. Unless I pull a Dukes of Hazzards (dating myself there) and put up a speed limit sign that flips from 70 MPH to 30 MPH at the push of a button.

Entrapment is associated with the common idea that an undercover cop has to identity him or herself as a LEO if asked, otherwise they are entrapping you. That’s simply not the case. Entrapment does NOT mean that you were duped into getting caught committing a crime you intended/wanted to commit . Entrapment means that the police persuaded or coerced you to commit a crime you had no intention of committing before they approached you.

If you intended to buy the drugs or exchange sex for money when you walked in you are not being entrapped. You just didn’t intend to get caught. And you have no Constitutional right to not get caught. What the police did was provide you with the “opportunity” to buy (or sell) sex or drugs, they did not to force you or convince you to do so.

than to speak and to remove all doubt: Miranda Warnings

You didn’t read me my rights!=I’m clueless about criminal procedure and really think that this means my arrest is invalid and you have to let me go.

If I had a dime for every time I heard it…..you need custody AND interrogation to require Miranda. That means Miranda only matters if I have arrested or detained you against your will AND I start asking you questions that I plan to use against you in court.

If you are free to go and/or I didn’t ask you a question, Miranda isn’t needed.

Anything you say to an officer before you’re taken into custody—and read your Miranda rights—can be used in a court of law, which includes interviews where a person is free to leave the premises, and things said at the scene of a crime.

Even if I interrogated you without Miranda, all that really means is that the stuff you said can’t be used as evidence. It doesn’t “make your arrest invalid”. If the words you said are essential to my case it can kill any chance of a conviction, but it’s not a “magic unarrester”. So..don’t embarrass yourself in Court by telling the Judge that he has to let you go and dismiss all charges because the Police Officer didn’t read your your rights.

mob mentality

Without getting into the specifics of the controversies we have all seen in the media these past few weeks, the latest complaints about our justice system have me confused.

No system is perfect, but what is it that these internet “experts” want? Should mob rule override Grand Juries when they come back with rulings the mob dislikes? The people in the Grand Jury get to see the ACTUAL evidence in the case, not the interweb hype and media spun tidbits. What about trial decisions? Should the threat of riot and disorder influence our courts?