Home     Law Advice     Insurance Advice     Community    
Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Arrests, Searches, Warrants & Procedure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 04-14-2009, 07:51 PM
Junior Member
 
Join Date: Apr 2009
Posts: 3

was this entrapment or no reasonable cause?


What is the name of your state (only U.S. law)? Virginia

I was visiting my son in stafford va. I left at 8:00pm. when I left a police officer pulled out behind me and started to follow me. My son's grandmother who Im in a custody battle with had called the police and told them I was driving on a va suspended license. Well the pollice officer followed me all the way to the gas station and when I got out he called out and asked me if my name was steven. I said yes and then he perceeded to ask me if I have a drivers license. I said yes and I showed him. My drivers liecense is from Kansas. He perceeded to tell me that my license was revoked from a dui 5 years past in that state the issued me a driving on suspended.
My question is did he have probable cause for detaining me and interigateing me just because my sons grandmother told them this? And sense she called them before I left and they waited for me to leave. Is this entrapment?
  #2  
Old 04-14-2009, 07:54 PM
Senior Member
 
Join Date: Dec 2007
Location: Thebes
Posts: 6,101
Quote:
Originally Posted by stevenrw View Post
What is the name of your state (only U.S. law)? Virginia

I was visiting my son in stafford va. I left at 8:00pm. when I left a police officer pulled out behind me and started to follow me. My son's grandmother who Im in a custody battle with had called the police and told them I was driving on a va suspended license. Well the pollice officer followed me all the way to the gas station and when I got out he called out and asked me if my name was steven. I said yes and then he perceeded to ask me if I have a drivers license. I said yes and I showed him. My drivers liecense is from Kansas. He perceeded to tell me that my license was revoked from a dui 5 years past in that state the issued me a driving on suspended.
My question is did he have probable cause for detaining me and interigateing me just because my sons grandmother told them this? And sense she called them before I left and they waited for me to leave. Is this entrapment?

How could it be entrapment when a call came in from a citizen with information about illegal activity???
__________________
Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.
  #3  
Old 04-14-2009, 08:00 PM
Senior Member
 
Join Date: Nov 2007
Posts: 8,567
Quote:
Originally Posted by stevenrw View Post
What is the name of your state (only U.S. law)? Virginia

I was visiting my son in stafford va. I left at 8:00pm. when I left a police officer pulled out behind me and started to follow me. My son's grandmother who Im in a custody battle with had called the police and told them I was driving on a va suspended license. Well the pollice officer followed me all the way to the gas station and when I got out he called out and asked me if my name was steven. I said yes and then he perceeded to ask me if I have a drivers license. I said yes and I showed him. My drivers liecense is from Kansas. He perceeded to tell me that my license was revoked from a dui 5 years past in that state the issued me a driving on suspended.
My question is did he have probable cause for detaining me and interigateing me just because my sons grandmother told them this? And sense she called them before I left and they waited for me to leave. Is this entrapment?
grandma reported a criminal. she did her duty as a citizen. the officer saw you driving without a license. dude, get your license fixed.
  #4  
Old 04-14-2009, 09:28 PM
Junior Member
 
Join Date: Apr 2009
Posts: 3

legal advice not dumb opinions


I didnt ask for personal opinions. thats not why im on this site. it said LEGAL ADVISE not stupid opinions. If you have some to base your opinion or advice state it if not blow it
  #5  
Old 04-14-2009, 09:31 PM
Senior Member
 
Join Date: Nov 2007
Posts: 8,567
Quote:
Originally Posted by stevenrw View Post
I didnt ask for personal opinions. thats not why im on this site. it said LEGAL ADVISE not stupid opinions. If you have some to base your opinion or advice state it if not blow it
darling, it's ADVICE.

no, it's NOT entrapment. you were driving without a license. no one did anything wrong except YOU!
  #6  
Old 04-14-2009, 09:37 PM
Senior Member
 
Join Date: Sep 2008
Posts: 3,763
Maybe we weren't nice enough.

Sweetums... you were trying illegally. Grandma was allowed to report it.

The fact that she enjoyed you getting arrested did not make your being arrested illegal.
__________________
Quote:
Originally Posted by jdslilangel View Post
Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer.
  #7  
Old 04-14-2009, 09:43 PM
Senior Member
 
Join Date: Nov 2007
Posts: 8,567
Quote:
Originally Posted by cyjeff View Post
Maybe we weren't nice enough.

Sweetums... you were trying illegally. Grandma was allowed to report it.

The fact that she enjoyed you getting arrested did not make your being arrested illegal.
nope!! more sugar!!
  #8  
Old 04-14-2009, 09:44 PM
Senior Member
 
Join Date: Sep 2008
Posts: 3,763
um... Hug?
__________________
Quote:
Originally Posted by jdslilangel View Post
Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer.
  #9  
Old 04-14-2009, 09:45 PM
Junior Member
 
Join Date: Apr 2009
Posts: 3

umm


so if i was black then it wouldnt be right or if she paid this deputy 5000 dollars to wait outside the house it would it still be right.
There is constitution rights to prevent these kinds of senerios from comeing into place....I had a friend that got his thrown out because the police didnt have probable cause. Because his ex girlfriend got mad at him and called the police.
When she called I wasnt driving.....so to wait until I got into the car and commit the act is to indorce the act.... Im not asking if what I did was morally wrong, Im asking if legally do you know if anyone or any laws that makes them wrong.
  #10  
Old 04-14-2009, 09:51 PM
Senior Member
 
Join Date: Nov 2007
Posts: 8,567
Quote:
Originally Posted by stevenrw View Post
so if i was black then it wouldnt be right or if she paid this deputy 5000 dollars to wait outside the house it would it still be right.
There is constitution rights to prevent these kinds of senerios from comeing into place....I had a friend that got his thrown out because the police didnt have probable cause. Because his ex girlfriend got mad at him and called the police.
When she called I wasnt driving.....so to wait until I got into the car and commit the act is to indorce the act.... Im not asking if what I did was morally wrong, Im asking if legally do you know if anyone or any laws that makes them wrong.
if you were purple, still nothing would be illegal in your arrest. if you had your license, cop would have pulled you over and you would have went on your merry way.

the good news.....is that you weren't arrested with the child in the car. THEN you would be in worse trouble.
  #11  
Old 04-14-2009, 09:57 PM
Senior Member
 
Join Date: Sep 2008
Posts: 3,763
Quote:
Originally Posted by stevenrw View Post
so if i was black then it wouldnt be right or if she paid this deputy 5000 dollars to wait outside the house it would it still be right.
There is constitution rights to prevent these kinds of senerios from comeing into place....I had a friend that got his thrown out because the police didnt have probable cause. Because his ex girlfriend got mad at him and called the police.
When she called I wasnt driving.....so to wait until I got into the car and commit the act is to indorce the act.... Im not asking if what I did was morally wrong, Im asking if legally do you know if anyone or any laws that makes them wrong.
Pretending that it is legal to drive on an suspended license because of your race is insulting and petty.

Why don't you trot out that little nugget in court and see how the judge responds? Make sure you ask for a black judge so that he can understand your pain.

It is not illegal to get a report of someone about to commit a crime and then wait and see if they do it.

Police use that all the time. In the law enforcement community, they call them "clues".
__________________
Quote:
Originally Posted by jdslilangel View Post
Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer.
  #12  
Old 04-15-2009, 01:45 AM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 18,460
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
Quote:
Originally Posted by stevenrw View Post
My question is did he have probable cause for detaining me and interigateing me just because my sons grandmother told them this? And sense she called them before I left and they waited for me to leave. Is this entrapment?
It is not entrapment. You were not enticed to commit a crime you otherwise would not have committed ... in other words, no one offered you a wad of money to drive on a suspended license.

And the officer did not detain you. he contacted you when you exited your vehicle, this is called a "consensual" contact. When he asked your name and you confirmed it was Steven, I presume that helped to verify the information he had already been provided and THAT gave him reasonable suspicion to detain for further investigation. After that, the discovery of the suspension was good.

Quote:
so if i was black then it wouldnt be right or if she paid this deputy 5000 dollars to wait outside the house it would it still be right.
It would be highly questionable and I'd fire an officer who was anyone's private police force, but if the stop was lawful then it would be lawful.

Quote:
There is constitution rights to prevent these kinds of senerios from comeing into place....I had a friend that got his thrown out because the police didnt have probable cause. Because his ex girlfriend got mad at him and called the police.
As I explained, the initial contact was not based on "probable cause", it was a consensual contact. This developed to "reasonable suspicion" (the standard for a detention) which developed into "probable cause" (the standard for an arrest or citation).

Quote:
When she called I wasnt driving.....so to wait until I got into the car and commit the act is to indorce the act
How did she induce you to commit the crime? Did she force you to drive? If you knew your license was suspended, you should not have driven. She had every right to call the police and report a potential crime. It happens all the time. All the more reason to have your ducks in a row when dealing with angry relatives or bitter custody issues.

Quote:
Im not asking if what I did was morally wrong, Im asking if legally do you know if anyone or any laws that makes them wrong.
Nothing in what you wrote would seem to indicate that the arrest was improper at all.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 02:39 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.