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06-01-2007, 01:26 AM
| | Junior Member | | Join Date: Jun 2007
Posts: 5
| | | Should I claim entrapment?
What is the name of your state? Kentucky.
Here's the story:
I'm rolling up to a red light, while doing so I noticed a white mustang GT(didn't think anything of it) and I'm going about 40 so I downshifted to third gear. As soon as i did so the light turned green so I accelerate to 55(speed limit is 50) pretty quickly. I then notice that white mustang gaining SUPER quick on me so I and gets next to me, so I drop it into 4th and we're racing until about 100 or so MPH(I don't think the cop clocked me, I'll explain later) and he's about a car length ahead of me and then he brakes and gets behind me and pulls me over. He then cuffs me and takes me to the police station and cuffs me to a chair in a little room until my dad comes and gets me. He then gives me a ticket for speeding at 100/50 and wreckless driving. A few questions:
1) He didn't read me my miranda rights. Does he HAVE to in this situation?
2) he comes to my window and says "why are you going 90 MPH" and then tells the other cop that later arrives I'm going 100+ MPH. That's why I don't think he clocked me.
3) He searches my car without asking me. Is he allowed to do so?
I don't know the exact court date yet, but my main quesiton is, should I fight this as entrapment since he pretty much lured me into speeding and pulled away from me speeding at 80+ MPH?  |
06-01-2007, 01:50 AM
| | Senior Member | | Join Date: Mar 2007
Posts: 2,194
| | | Could you please elaborate on how it is that he lured you into speeding? I really want to hear this. |
06-01-2007, 01:55 AM
| | Junior Member | | Join Date: Jun 2007
Posts: 5
| | | If it wasn't for him I wouldn't have been speeding. He didn't have to keep going all the way to 100+ MPH. |
06-01-2007, 02:21 AM
| | Senior Member | | Join Date: Feb 2005
Posts: 3,463
| | | Um, I don't see how him speeding somehow coerced you into speeding. I'm sorry, but if you try any sort of entrapment defense, you will be laughed out of court.
Miranda only has to be read after an arrest and prior to interrogation. Failure to read Miranda simply means that any statements you make in such an interrogation cannot be held against you in court. I really don't think they need any statements from you to successfully prosecute you, so no, Miranda does not matter.
You were under arrest, so the search was valid. |
06-01-2007, 02:24 AM
| | Senior Member | | Join Date: Mar 2007
Posts: 2,194
| | Quote:
Originally Posted by please.help.me  He didn't have to keep going all the way to 100+ MPH. | Neither did you. He didn't make you speed, you chose to. It's not entrapment.
It's an extremely common misconception that when you're arrested you have to be "read your Miranda rights." Miranda only applies under certain conditions; generally when you are under arrest and then questioned.
The search of your car was a search incident to arrest. Allowed.
If you can still afford to drive after your insurance skyrockets, you might want to just go ahead and let speeders pass you instead of trying to race them.
ETA: Oops, Occultist, sorry for the redundancy. I was composing as you were posting. |
06-01-2007, 02:27 AM
| | Senior Member | | Join Date: Feb 2005
Posts: 3,463
| | Quote:
Originally Posted by Clt747 ETA: Oops, Occultist, sorry for the redundancy. I was composing as you were posting. | No worries!  |
06-01-2007, 09:31 AM
| | Senior Member | | Join Date: May 2003
Posts: 2,607
| | | He does not have to read you your Miranda rights unless you are in custody and being interrogated. Up to that point it is a "consensual" encounter and anything you say can be used in court. Most officers now have audio recorders and many have audio and video.
He can search the passenger compartment your car without your consent after you are placed under arrest. You can be arrested for even minor violations like a seat belt. If your car is towed they can search the entire vehicle.
Hire an attorney. |
06-01-2007, 10:03 AM
| | Member | | Join Date: Jul 2006 Location: MD, WV - formerly WA, UT, AL, MS and OR
Posts: 563
| | | Unless you consented to the search or there was no reasonable suspicion of criminal activity/probable cause the search was illegal.
It may be brought up that the officer is conducting illegal searches not in accordance with the laws of the land.
Entrapment is an available defense when a defendant "was induced or encouraged to engage in conduct by a public servant or by a person acting in cooperation with a public servant seeking to obtain evidence against him for the purpose of criminal prosecution; and at the time of the inducement or encouragement, he was not otherwise disposed to engage in such conduct. If the public servant first conceived the criminal design and lured the defendant into its commission, the state is effectively estopped from convicting the defendant.
In this case it does sound like the officer is luring citizens into illegal behavior and also violating the maximum speeding law as well. When he passed you he was obviously not repsonding to an emergency call and did not have lights and sirens going as required.
The speed limitations set forth in the Kentucky Revised Statutes do not apply to
emergency vehicles:
(a) When responding to emergency calls; or
(b) To police vehicles when in pursuit of an actual or suspected violator of the
law; or
(c) To ambulances when transporting a patient to medical care facilities; and
(d) The driver thereof is giving the warning required by subsection (5)(a) and (b)
of this section.
The driver of an emergency vehicle desiring the use of any option granted by
subsections (1) through (3) of this section shall give warning in the following
manner:
(a) By illuminating the vehicle's warning lights continuously during the period of
the emergency; and
(b) By continuous sounding of the vehicle's siren, bell, or exhaust whistle; unless
(c) The vehicle is an ambulance and the driver is of the opinion that sounding of
the siren, bell, or exhaust whistle would be detrimental to the victim's
health. In the event the driver of an ambulance elects not to use the siren, bell,
or exhaust whistle he shall not proceed past red lights or drive in the opposite
direction on a one-way street or in oncoming lanes of traffic unless no other
vehicles are within five hundred (500) feet of the front of the ambulance. The
driver shall not extinguish the warning lights during the period of the
emergency.
(6) No driver or operator of any emergency or public safety or other vehicle shall use
the warning lights or siren, bell, or exhaust whistle of his vehicle for any purposes
or under any circumstances other than those permitted by KRS 189.910 to 189.950.
__________________
_____________________________________________________
“[w]hen a statute is clear and unambiguous and the legislative intent is plain, the statute should not be interpreted by the courts, and in such case it is the duty of the courts not to construe but to apply the statute.”
"The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the 5th Amendment." Kent v. Dulles, 357 US 116, 125.
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06-01-2007, 10:24 AM
| | Member | | Join Date: Sep 2006
Posts: 201
| | Quote:
Originally Posted by cepe10 Unless you consented to the search or there was no reasonable suspicion of criminal activity/probable cause the search was illegal.
It may be brought up that the officer is conducting illegal searches not in accordance with the laws of the land.
Entrapment is an available defense when a defendant "was induced or encouraged to engage in conduct by a public servant or by a person acting in cooperation with a public servant seeking to obtain evidence against him for the purpose of criminal prosecution; and at the time of the inducement or encouragement, he was not otherwise disposed to engage in such conduct. If the public servant first conceived the criminal design and lured the defendant into its commission, the state is effectively estopped from convicting the defendant.
In this case it does sound like the officer is luring citizens into illegal behavior and also violating the maximum speeding law as well. When he passed you he was obviously not repsonding to an emergency call and did not have lights and sirens going as required.
The speed limitations set forth in the Kentucky Revised Statutes do not apply to
emergency vehicles:
(a) When responding to emergency calls; or
(b) To police vehicles when in pursuit of an actual or suspected violator of the
law; or
(c) To ambulances when transporting a patient to medical care facilities; and
(d) The driver thereof is giving the warning required by subsection (5)(a) and (b)
of this section.
The driver of an emergency vehicle desiring the use of any option granted by
subsections (1) through (3) of this section shall give warning in the following
manner:
(a) By illuminating the vehicle's warning lights continuously during the period of
the emergency; and
(b) By continuous sounding of the vehicle's siren, bell, or exhaust whistle; unless
(c) The vehicle is an ambulance and the driver is of the opinion that sounding of
the siren, bell, or exhaust whistle would be detrimental to the victim's
health. In the event the driver of an ambulance elects not to use the siren, bell,
or exhaust whistle he shall not proceed past red lights or drive in the opposite
direction on a one-way street or in oncoming lanes of traffic unless no other
vehicles are within five hundred (500) feet of the front of the ambulance. The
driver shall not extinguish the warning lights during the period of the
emergency.
(6) No driver or operator of any emergency or public safety or other vehicle shall use
the warning lights or siren, bell, or exhaust whistle of his vehicle for any purposes
or under any circumstances other than those permitted by KRS 189.910 to 189.950. | I was wondering how long it would take Cepe to show up.
__________________
You have no constitutional right not to be offended.
Last edited by m martin; 06-01-2007 at 06:53 PM.
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06-01-2007, 11:14 AM
| | Senior Member | | Join Date: Jun 2004
Posts: 6,423
| | Quote:
Originally Posted by colourfastt I was wondering how long it would take Cepe to show up with his ubiquitous horse hockey. | He's in particularly rare form today. OP, should you follow Pepe's advice, please be sure to post back here with the results (assuming they give you internet access in jail, of course).
__________________ Quote: |
Originally Posted by Wirelessany1 CIRCUMSTANCE - PLEASE FOR GOD'S SAKE PLEASE STOP VICTIMIZING THESE PEOPLE | |
06-01-2007, 11:26 AM
| | Senior Member | | Join Date: Feb 2007
Posts: 4,978
| | | As the old commercial would say "Boy, you in a heapa trouble."
You should seriously consider a lawyer. I can't vouch for NJ, but if you'd done that here in Northern Virginia, you'd be looking at some jail time. |
06-01-2007, 11:29 AM
| | Member | | Join Date: Dec 2006
Posts: 44
| | Quote:
Originally Posted by FlyingRon As the old commercial would say "Boy, you in a heapa trouble."
You should seriously consider a lawyer. I can't vouch for NJ, but if you'd done that here in Northern Virginia, you'd be looking at some jail time. | Same with here in MN. My brother-in-law got a ticket for over a hundred MPH and did 90 days in jail. |
06-01-2007, 02:34 PM
| | Senior Member | | Join Date: Mar 2007
Posts: 2,194
| | Quote:
Originally Posted by cepe10 Blah blah blah blah blah... | It wasn't entrapment. It was a search incident to arrest. Miranda wasn't required. OP, get a lawyer. End of story.
One of these days some poor schmuck is going to get seriously screwed, blued, and tattooed because of this guy's "advice". |
06-01-2007, 10:51 PM
| | Junior Member | | Join Date: Jun 2007
Posts: 5
| | | If it makes any difference I'm only 17. Could I be faced with jail time with this? |
06-02-2007, 08:32 AM
| | Senior Member | | Join Date: Feb 2007
Posts: 4,978
| | Quote:
Originally Posted by please.help.me If it makes any difference I'm only 17. Could I be faced with jail time with this? | In Kentucky, it looks like not. You'll get a big fine. You'll also get a hearing with DMV regarding possible (probable) suspension of your license.
It's reckless driving by the way, It was fortunately that it's also "wreckless." | |
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