QUESTION

Would this be considered entrapment?

Asked on May 24th, 2013 on Criminal Law - Michigan
More details to this question:
I was walking down the street when a cop pulled over and asked my age. I replied 23 and my dob. She stated I looked 12yrs old and I was in the vicinity of a school and needed to show her my ID. I said I didnโ€™t have to that I was late to an appointment. She continued to ask. So I said okay and that I would show her my dob.. I covered my name and address and showed the officer. And she said I was free to go. I kept walking about 3 maybe 4 blocks when she pulled me over again grabbed my hand to put me in hand cuffs and when I stated that I knew my rights and that she at least had to tell me why I was being detained. She went to pull her GUN but stated that if I didnโ€™t stop resisting she would tase me. And I had to tell her that she had her hand on her right side which was her gun NOT taser. I believe that she must have taked my dob and maybe seen some of my name when I showed her my id. And searched for me to see who I was. I was arrested on misdemeanor warrants. in the car I said I felt this was entrapment , she replied with "yea it could be considered that" and when I said I wanted to speak to a Sergeant she replied with "I am going to do my best to see if you can be or instead of extradited" and I think itโ€™s because she knew she was wrong.
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5 ANSWERS

Alexis Anne Plunkett
There is absolutely nothing about this situation that relates to entrapment. Did the officer entrap you into getting warrants? Entrapment occurs when a police officer induces you to do something illegal that you have never done before and that you never would have done but for the entrapment. You were arrested for warrants; you didn't even do anything illegal in the presence of the officer. And if she agreed with you that anything about the situation related to entrapment, then there is something that you aren't telling us.
Answered on May 27th, 2013 at 2:17 PM

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Criminal Law Attorney serving Oakland, CA at Law Office of Jared C. Winter
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Entrapment is one of many legal issues that are complex and impossible to give a simple "yes/no" answer to. I would recommend that you contact a local criminal defense lawyer for a consultation. No lawyer is going to be able to tell you whether a judge will find that your case is one of entrapment or not. We make the arguments. The judge decides.
Answered on May 27th, 2013 at 2:17 PM

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Geoffrey MacLaren Yaryan
If you had outstanding warrants then an arrest cannot be entrapment.
Answered on May 27th, 2013 at 2:16 PM

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It is not entrapment. The police officer did not solicit or assist you in committing a crime.
Answered on May 27th, 2013 at 2:15 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Under the thanks which you have related it would appear that the first stop may have been suspect. I would suggest that you retain an attorney as quickly as possible.
Answered on May 24th, 2013 at 2:53 PM

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