• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Traffic Entrapment

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

W

wvboy

Guest
i'm a 21 y/o male in west virginia, and i've always heard of an entrapment law that says a law officer can't sit beside the road waiting to pull someone over without any lights on or the cruiser on. Is there legal proof of this law ?
also, in wv can an officer pull you over outside their district ( if town cop ) and write a citation ? i'm about sure the answer is yes.
thank you.
 


HomeGuru

Senior Member
wvboy said:
i'm a 21 y/o male in west virginia, and i've always heard of an entrapment law that says a law officer can't sit beside the road waiting to pull someone over without any lights on or the cruiser on. Is there legal proof of this law ?
also, in wv can an officer pull you over outside their district ( if town cop ) and write a citation ? i'm about sure the answer is yes.
thank you.
**A: why are you asking? If this happened to you please post the facts so we may be better able to help you.
 

racer72

Senior Member
The answer to all your questions is yes. The officer does not have to make themselve "visible". The only real restriction of police officers when performing traffic enforcement duty involves artificial or temporary methods of blocking themselves from being seen. Police can hide behind bushes, signs, trees, or any other object considered to natural or permanent. During hours of darkness, officers may use the cover of darkness as a natural concealment.

Police cannot use temporary means of disguise. Things like covering the car with branches or vegetation, moving temporary objects like signs or vehicles to conceal themselves or pretending to be road or construction workers as a method of traffic enforcement. And most jurisdiction require the police cars to have permantly mounted emergency lighting. There are exceptions to this rule, it varies state to state.

As far as pulling someone over outside of their jurisdiction, in most cases the infraction should have happened within the jurisdiction. But in cases where the public welfare is at stake, any police officer can attempt to make a traffic stop. Also, many police agencies have agreements for overlapping jurisidiction. This is done to provide seamless traffic enforcement and to insure public safety.
 
S

Spika

Guest
What if the officer lists incorrect information on the ticket for the location of the infraction (ex. lists a.) a street that does not exist and b.) the location would be in another town/city)? Can the ticket be thrown out?
 

young

Junior Member
suspended license

one night i was driving around and a cop pulls me over. tells me i have a broken tail light finds out my license was suspended. writes me a fix it ticket for the light and for the suspended license(misderminor). So i checked the brake lights and nothing was wrong with it. what do you call that? was the cop right for pulling me over? do you think its any worth trying to fight this case?
 
Last edited:

Zigner

Senior Member, Non-Attorney
one night i was driving around and a cop pulls me over. tells me i have a broken tail light finds out my license was suspended. writes me a fix it ticket for the light and for the suspended license(misderminor). So i checked the brake lights and nothing was wrong with it. what do you call that? was the cop right for pulling me over? do you think its any worth trying to fight this case?
I call it thread hijacking and necroposting.
Start your own thread and don't post to threads that are over 6 years old!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top