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Originally Posted by TNTramair
so what would you say about all the idiots that get caught soliciting prositutes for sex who are actually undercovers?? can they claim entrapment also??
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No, that situation is different. The people approaching the girls on the corner have to instigate the transaction and use certain language to say they intend to give the under cover cop, acting as a prostitute, money or goods for sex. The undercover cop just stands there looking like a hooker and waits for customers. Isf the under cover cop were to walk up to a car at a stop light, knock on the window and ask if the guy in the car, who was minding his own business, wants a blowjob or some other form of sex then its entrapment.
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Originally Posted by TNTramair
they are basically doin the same thing that the officer would do on the highway to get you to race right?
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Nope, its competely different and that's why I think some people disagree with the actions of the undercover cop trying to instigate a race. The undercover cop's actions behind the wheel are similar to the undercover cop acting as a prostitute coming up to someone and saying, "I'm so horny, want to have sex? I'd do a cute guy like you really cheap, give you a good price" or "Love you long time five dolla!"
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Originally Posted by TNTramair
so whats the differance between the 2 situations? or here, a 3rd....an undercover cop selling drugs to some crack head. both those situations they are using something to bate you into "doin something you're not supposed to do"...they use good looking chicks in skimpy alfeits and int he other case use a substance that "looks" exactly like illegal narcotics...in some case using real narcotics.
they are all virtually the same situations but obviously the punishment would be differant for all 3.
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Actually the situation is different. The undercover cop selling drugs can't be approaching everyone that's walking by if they want a rock and name their price and the undercover cop acting like a prostitute can't approach people and instigate the transaction. So why can the undercover cop behind the wheel rev their engine at people, tailgate, etc... and not have it called entrapment.
I believe that's why some people disagree with what is beign done to instigate a race or just drop a gear nad get out of there and "entrap" people into doing something they wouldn't do if they were left alone to drive and mind their own business.
I can see both sides of the arguement, but I don't thing anyone that got one of those "racing" tickets has challenged it in court to the point where it went high enough for a high level state court to say if it is or isn't entrapment. So basically arguing over it is pointless, unless its in a courtroom.