Understanding Entrapment in Law Enforcement: When Hiding to Catch Speeders Is and Isn’t Entrapment

Entrapment, in the legal context, is a defense where law enforcement induces a person to commit a crime they wouldn't have otherwise committed. This can seem like a gray area when it comes to law enforcement tactics, particularly when it involves the use of hidden locations to catch speeding offenders. Does parking a patrol car discretely to catch speeding drivers count as entrapment? Let's delve into the details.

What Is Entrapment?

Traditionally, entrapment occurs when law enforcement actively convinces a person to commit a crime they would not have committed otherwise. This can involve persistently offering opportunities to commit a crime or suggesting the crime in the first place. While the act of catching a speeding driver by hiding a patrol car does involve a level of deception, it does not usually meet the criteria for entrapment.

Law Enforcement Tactics and Speeding Tickets

Police officers can and do use various methods to enforce traffic laws, and hiding a patrol car in a discreet location to catch speeding drivers is one of these methods. As long as the officers are enforcing laws that already exist and are not coercing a driver into speeding, it typically does not meet the legal definition of entrapment. Here’s how it generally works:

No creation of the offense: The police cannot induce a person to commit a crime that they are not predisposed to commit. No coercion: The police must not create a situation where the driver feels compelled to commit the crime. Simply observing that a driver is speeding from a hidden location does not count as coercion.

Why Discreet Locations Are Used

Police officers are not simply hiding to catch speeding drivers; they are using this tactic to catch those who will speed when there is no police presence. Drivers tend to follow the law more closely when they know police officers are around. Therefore, to catch those who do not, officers might conceal their presence. This is a common tactic known as the “speed trap.”

As Inigo Montoya, the character from The Princess Bride, said, "You keep using that word. I don't think it means what you think it means." In the case of discreet location tactics, you might think it’s sneaky, underhanded, or unfair, but it’s not typically considered entrapment.

Entrapment vs. Discreet Location Tactics

Entrapment happens when an officer “plants the seed” by suggesting a potential offender commit an offense when the person is not predisposed to commit that offense in the first place. For example, if an undercover officer says, "Meh, cops are never around here anyway! Go ahead and floor it!" and the driver is initially reluctant but then decides to speed due to peer pressure or a desire not to lose face, this could be considered entrapment.

Legal Standards and Considerations

The circumstances and jurisdiction play a crucial role in how entrapment is defined and applied. It’s always advisable to consult legal experts or local laws for specific guidance. The key is in ensuring law enforcement is not creating the conditions for the offense to occur and is not pressuring the suspect.

Conclusion

Discreetly hiding a patrol car to catch speeding drivers is not entrapment; it's a common tactics used by law enforcement to enforce traffic laws. The goal is to ensure that drivers follow the rules, even when they think they are not being watched. This practice is a means of maintaining public safety and reducing instances of traffic violations, not a cover for creating new criminal opportunities.

In summary, while tactics that catch speeders may be considered sneaky or underhanded by some, they are not considered entrapment. Whether you agree with these tactics or not, understanding the legal distinctions is crucial.