Legal Question in Civil Rights Law in Nebraska

entrapment

Would this be entrapment..?

An officer waits outside a bar till you exit. He then follows them, and pulls them over. Does he still need probable cause, or do you coming out of a baar then driving give him reason enough? Also, could he watch you leave bar, then follow you waiting for you to make any sort of driving error?

Thanks


Asked on 2/28/02, 12:01 pm

2 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: entrapment

It is only entrapment if the officer encourages the party to break the law. Here the cop didn't post a "free drinks" sign and encourage the consumption of alcohol, so I doubt entrapment would apply.

It may violate state alcohol statutes to do this kind of enforcement. It may also violate state and local police regulations. But I don't think the issue is entrapment.

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Answered on 2/28/02, 12:12 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: entrapment

The officer, you described, took no active part in the perpetration of the crime, therefore, no entrapment. Further, whether he had reasonable cause to stop the vehicle depends on what he observed.

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Answered on 2/28/02, 1:05 pm


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