WATCH OUT FOR C6 ZO6 (undercover)
06-03-2009, 08:23 PM
#21
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BMNSS
06-03-2009, 09:25 PM
#22
Ok guys, please read FL statute 777.201. Recent case law provides that for entrapment to occur there must be two tests involved, a subjective test and an objective test. The subjective test is simply: did a law enforcement officer or someone working with law enforcement induce the accused to commit the crime. This one is fairly simple, and the burden of proof lies on the defendant, and uses preponderance of evidence (i.e. level of proof usually needed in civil court).
Second test of Objective and slightly harder. The test involves the question of "was the defendant looking to do the crime anyways". Basically, the defendant must provide some proof that they weren't out looking to commit the crime they were charged with (predisposition). In the case of racing, an example would be if they were minding their own business and simply going to work. Something of the nature of randomly driving around at 2am wouldn't work obviously. Once the evidence is provided by the defendant that there was not predisposition, it is up to the state to disprove that evidence beyond a reasonable doubt.
Now in the case of the OP, if he raced, entrapment wouldn't have been a viable defense due to him initiating the encounter by coming up to the off duty cop and down shifting. But, that wasn't my statement. I simply said that cops cannot solicit a race and have it hold up in court, which caused some of you to go bonkers, lol. I apologize and should have been more clear. Have a nice day ya'll.
Second test of Objective and slightly harder. The test involves the question of "was the defendant looking to do the crime anyways". Basically, the defendant must provide some proof that they weren't out looking to commit the crime they were charged with (predisposition). In the case of racing, an example would be if they were minding their own business and simply going to work. Something of the nature of randomly driving around at 2am wouldn't work obviously. Once the evidence is provided by the defendant that there was not predisposition, it is up to the state to disprove that evidence beyond a reasonable doubt.
Now in the case of the OP, if he raced, entrapment wouldn't have been a viable defense due to him initiating the encounter by coming up to the off duty cop and down shifting. But, that wasn't my statement. I simply said that cops cannot solicit a race and have it hold up in court, which caused some of you to go bonkers, lol. I apologize and should have been more clear. Have a nice day ya'll.
06-03-2009, 09:26 PM
#23
WOW! I am glad others spoke up about this, because spewing crap like this can get someone in big trouble. Keep believing law enforcement cannot solicit races in unmarked vehicles...when you see the same vehicle pull up behind you with lights and sirens going...be prepared to possibly lose your vehicle and your license...not sure about Florida's law, but in NY you lose both.
BMNSS
BMNSS
06-03-2009, 09:48 PM
#24
Its not entrapment. Hes not putting a gun to your head and forcing you to break the law. You have a choice.
That being said, theres a few newer Mustang GTs around here and down south and purposely try to engage you in a street race and you WILL get a ticket and or go to jail.
That being said, theres a few newer Mustang GTs around here and down south and purposely try to engage you in a street race and you WILL get a ticket and or go to jail.
People take the whole entrapment excuse way to damn far. You pull up to a "UC" car, he throws a rev, you both take off, you get pulled over and get a ticket, NOT ENTRAPMENT. He did nothing to solicit that he wanted to race by simply revving the engine.
I worked in Corrections and got quite a few people in jail for that same fact. Yes they tried to fight it and they lost.
06-05-2009, 08:22 AM
#29
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^LMAO!
*applauds*
I've only had to call 911 three times for a LEO but every officer I've dealt with has been nothing but nice and helpful. Have I gotten a speeding ticket? Once, but whatever, I was the one breaking the law. I know there are jerks out there who wear the badge, but its not like theres an ******* test that you have to pass before becoming a cop.
*applauds*
I've only had to call 911 three times for a LEO but every officer I've dealt with has been nothing but nice and helpful. Have I gotten a speeding ticket? Once, but whatever, I was the one breaking the law. I know there are jerks out there who wear the badge, but its not like theres an ******* test that you have to pass before becoming a cop.
06-05-2009, 08:38 AM
#30
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Originally Posted by maxgee
The biggest gang association in America is the Police Deptartment, they do almost anything they want and almost nothing gets done to stop them.
Just because you do not agree with his statement or you just so happen to be one of the good guys, does not mean his statement is not true.
Like I said above, my brother is a Ft. Lauderdale Sargent; he and I are 2 VERY different people, he was the cop and I was involved with a VERY well know organized crime syndicate. This is now all in the past, but none the less, I have known many cops that did what ever they wanted to do and there was ZERO recourse. Now of course most of these guys were dirty cops, but none the less, they were cops doing as they likes.
Back in 97 I got pulled over while test driving a Ferrari 355 Spyder that I was thinking of buying, well I got pulled over right down the street from the Toy Store, the place where I was going to by the car from; I did not get even 3/4 mile down the road and was pulled over for speeding. Well luckily enough I had the seals rep from the Toy Store with in the pass seat, then of course I was 26 and test driveing a $200K car, lol, so when I went to court on it, he was my witness to the event. I clearly proved that the cop had falsely accused me of speeding, but all he got was a bullshit reprimand. Now if I falsely accuse someone of something, then I would have been slapped with some kind of criminal charge. And as for the cop possibly mistaking me for speeding, there was no way in hell; we were coming up on a red light. I know why the asshat did it.... He seen a young guy in a $200K car and thought it was an easy win of some sort
There is good and bad in everything guys...
DM
Last edited by Devils Mentor; 06-05-2009 at 08:43 AM.
06-06-2009, 02:34 PM
#32
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I have a cop break me off some love with just a warning after hitting me with RADAR doing 165 come from Jax going to Miami... even thought it took the cop 5 miles to catch up with me, and that is after I realized that his lights were for me and I pulled over, lol, he was still cool... Now did he have to follow the book and arrest my *** for Felony speeding, he damn well could of, but like I said, he did what he wanted to do and did me a Solid...
DM
06-09-2009, 09:00 AM
#33
hey guys i just got side swipped in a movie theatre parking lot....
any police officers want to do me a 'solid' and run a tag number for me?
I was walking out after seeing the hangover and had my USF shirt on and there is a matching sticker on my rear window, just as i was leaving some folks recognize my shirt and ask if i own a black trans am lol....turns out that they were good people and got the guys tag as he ran off..
any police officers want to do me a 'solid' and run a tag number for me?
I was walking out after seeing the hangover and had my USF shirt on and there is a matching sticker on my rear window, just as i was leaving some folks recognize my shirt and ask if i own a black trans am lol....turns out that they were good people and got the guys tag as he ran off..
06-09-2009, 12:34 PM
#35
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Any police officer in your area can do you a solid if you fill out a report. No officer on here can do you that favor, because even though it is for a law enforcement purpose, I have no jurisdiction where you are, so it is really none of my business.
