Legal Question in Civil Litigation in Idaho
Setting up a sting without proof of wrong doing
I was recently cited for a ''Minor in Posession of Alcohol'' when two officers conealed themselves and waited for someone to walk by who they thought were committing a crime, that person was me. My question is: do the police officers have the right to hide themselves and set up a trap for me with no prior proof of wrong-doing?
1 Answer from Attorneys
Re: Setting up a sting without proof of wrong doing
This is criminal, not civil. The police can and they do
hide in wait in many circumstances in an effort to catch people
committing crimes. The typical is where the police park outside a
bar and follow bar patrons after they leave to determine
whether someone is driving while intoxicated.
The police didn't set a trap for you to step into, you
placed yourself in the position of being arrested because you
had alcohol in your possession. The police didn't put the
alcohol in your possession, therefore, there was no trap.
If you are talking about entrapment, the answer is a
little bit different. Entrapment is when the police put the
idea of committing a crime into someone's mind, to commit a
crime he would not otherwise have committed. If the person
already had the intent to commit a crime, there is no
entrapment.
However, the police didn't entrap you either. They didn't
place the idea of committing a crime into your mind.