Legal Question in Traffic Law in Wisconsin
What is considered entrapment?
I was going downhill on a highway and at the bottom of the hill is a side-road that's paralelle with the hill, but the highway curves to the right. The officer had no lights on of any kind and didn't pull onto the highway and turn his lights on until after I was right next to him. I was coasting down the hill (steep hill) and was tagged at 65. Is what he did considered ''entrapment'', and would I be able to fight it in court?
1 Answer from Attorneys
Entrapment
Entrapment occurs when a law enforcement officer induces a suspect into illegal activity which that person was not otherwise inclined to do. If you were not even aware of the officer's presence, his clocking of your vehicle while his vehicle was concealed from you cannot be entrapment. The entrapment issue comes up most frequently in drug cases where an undercover officer requests that a suspect obtain drugs for him. The defense of entrapment in a drug deal could sometimes succeed if the person was not otherwise involved with drugs and can prove that in court. Traffic cops (and all other cops, for that matter) are specifically authorized by law to use stealth and deception in order to apprehend criminals.
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