Probable Cause...

[Ukiah]

What is the name of your state? CA

On my way to work, there was a car behind me tailgaiting, when I got in the other lane, it followed me. Then as we passed through the intersection, he was so close that I could barely see the headlights from his car - and I drive a small car!!

I tapped on my brakes, which must have pissed him off, because he turned on his lights, and pulled me over!! YES, it was a cop!!

Is what he did entrapment? And can he pull me over without probable cause? I was going the speed limit....

Is there any way I can fight this?

 

[Bravo8]

No, it is not entrapment. Entrapment exists under two circumstances.

If the person is unaware of the offense and the officer causes him to commit the crime. For example, let's say I am a store loss prevention officer. As you, the customer walks through the store shopping, I drop some merchandise into your pocket. As you exit the store after making your purchase, I stop and detain you for shoplifting. I forced you into the offense and you had no knowledge.

Or,

If I, as a police officer, mislead you into believing something is not a crime and let you commit the act, then arrest you for it....this too would be entrapment.

In your situation, the officer did not actually cause you to commit a traffic violation. Everything you did was of your own free will, although admittedly he influenced your decision. There is nothing legally wrong with that.

Not knowing the specifics of the case, nor why he pulled you over, I can't comment on the PC issue. Of course he cannot stop you without Probable Cause, your issue here is whether he had valid PC. Did he cite you? If so, for what? I can generally find PC on any vehicle. ANY VEHICLE...even one right off the assembly line. There are so many laws and regs that something is inevitiably wrong.