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10-08-2008, 03:01 AM
| | Junior Member | | Join Date: Oct 2008
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| |  Entrapment
What is the name of your state (only U.S. law)? Oklahoma, i was wondering if it is legal for a police officer to be parked on the wrong side of the free way. With all lights off at 12.30 am waiting to ticket some one? i was driving and and was decellerating when i had headlights in my face coming from my side of the freeway. when i passed the lights, about two minutes later i was pulled over for speeding from the same car that was faced the wrong way.
Last edited by foggr; 10-10-2008 at 01:59 AM.
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10-08-2008, 06:40 AM
| | Senior Member | | Join Date: Feb 2005
Posts: 4,311
| | | #1: yes, police can do that.
#2: In order for something to be entrapment, the officer must somehow coerce or trick you into committing a crime that you would normally not commit; from your post, that is quite obviously not what happened here.
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10-08-2008, 08:37 AM
| | Senior Member | | Join Date: Aug 2008 Location: Back in LA LA land
Posts: 1,690
| | | If you do see any officers parked on the side of the freeway with their tail lights/parking lights on, they're doing so for safety resons and not to avoid an alleged entrapment scheme.
Lights on or not, if the officer is using an "electronic device that is used to measure the speed of other objects (which excludes a speedometer in California)" meaning Radar. . . etc. . . " then chances are it is too late to slow down and avoid a citation.
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10-08-2008, 02:20 PM
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| | Quote:
Originally Posted by I_Got_Banned  Lights on or not, if the officer is using an "electronic device that is used to measure the speed of other objects (which excludes a speedometer in California)" meaning Radar. . . etc. . . " then chances are it is too late to slow down and avoid a citation. | Please provide a citation to back up your italicized statement, sir. |
10-08-2008, 02:37 PM
| | Senior Member | | Join Date: Aug 2008 Location: Back in LA LA land
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Originally Posted by davew128 Please provide a citation to back up your italicized statement, sir. | The OP in this thread is from Oklahoma so a citation clarifying the California Vehicle Code isn't necessary.
If you're looking for help in your own case, please start your own thread; & if you do, I'll check my schedule & if I have any free time I might help you out. Otherwise, you're on your own!
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10-08-2008, 04:39 PM
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Originally Posted by I_Got_Banned The OP in this thread is from Oklahoma so a citation clarifying the California Vehicle Code isn't necessary. | Which didn't stop you from informing him of your opinion regarding said code in the first place. Quote: |
If you're looking for help in your own case, please start your own thread; & if you do, I'll check my schedule & if I have any free time I might help you out. Otherwise, you're on your own!
| I am quite capable of filing discovery motions and notes for trial on my own as well as argument briefs for any potential appeal, but thank you for your generous offer. |
10-08-2008, 04:52 PM
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Posts: 2,548
| | | how did the cop trick you into speeding? |
10-08-2008, 05:13 PM
| | Member | | Join Date: Aug 2007
Posts: 674
| | | There is a Washington State case where a person showed the officer failed to follow the rules of the road while monitoring and recording people's speed and because he was in fact in violation of the vehicle code and department rules the ticket was invalid, it was the fruit of the poison tree defense. The judge agreed and tossed the ticket.
In this case the officer was sitting on the side of the road with his lights off at night and not visible. The vehicle code stated that all cars are required to have their marker lights on when parked on the side of the highway at night, and the department rules stated that all officers are required to follow all the rules of road except in the case of an emergency Those two facts allow the person to win his case.
Now, if you think the same holds true for you, you might have a defense, however, you will first have to prove what he did was a violation of vehicle code and second he did not have any special privileges granted to him by the state or local government or department rules. Then the all important part, you get a judge who will agree with your understanding of the laws and say the officer can not issue tickets while himself was in violation of the laws.
I personally saw an officer drive in excess of the speed limits and then cars began to follow him and after a period of time the officer slowed down and pull over a number of cars behind him. Talk about breaking the law and then using it against people.
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I will not make any value judgment on why you're asking a questions.
I will try to provide information so you can make an informed decisions so take it for what is worth and do your own research.
Remember it is easy to tell someone they will lose verse providing knowledge.
Lastly, I have no vested interest in your outcome win, lose or draw and the same goes for anyone else.
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