entrapment
When I was leaving a bar, I saw two state police cars just sitting in the middle of the street. I went to my car and got in. As I left the parking lot, one of the trooper cars approached my car from behide. I made a legal right turn and then I was pulled over. I was given a soberity test, in which a friend and myself believed I passed. I was arrested and had to give a breathe test which had a reading of .08. My question is - Is this entrapment seeing that the trooper saw me come out of a bar and pulled me over because he assumed that I was drinking? If not, then why did he allow me to get in my car so he could make an arrest? He induced a person to commit a crime, didn't he?
1 Answer from Attorneys
Re: entrapment
It's not entrapment in a legal sense because the cops didn't enduce you to drink and then get in your car.Entrapment is defined as the police enducing you to commit a crime that you would not otherwise have committed! Here they did not enduce the drinking and driving. In New York - operation of a motor vehicle is liberally defined. While I agree that cops sitting in front of a bar looking for DWI is not good police procedure - it is never the less legal.
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