TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Not entrapment but....still......????
Go
New
Find
Notify
Tools
Reply
  
Not entrapment but....still......???? Login/Join 
Member
posted
So my officers bought a 32" tv from Wal-Mart (so owned by the PD), and placed it in the back of a truck in the parking lot of Wal-Mart to set up a sting operation. No one took the bait. They moved the truck around, still no one took the bait. So they decided to put the TV (still in box) in a shopping cart and put the cart on the far end of the parking lot. I now have 5 defendants who tried to take the TV. Probable defenses will be abandonment or the element "without the owner's effective consent" because clearly the owner (the PD) placed the tv there to be taken....beyond that, I'm having a bit of a problem justifying prosecution. It just smells bad to me for some reason. Any opinions on this issue are welcome!
 
Posts: 4 | Registered: April 20, 2012Reply With QuoteReport This Post
Member
posted Hide Post
I'm not smelling it at all. Why does it matter where the officers put the TV on the premises? It was still in its original wrapping on the Wal-Mart parking lot. To any reasonable person it belonged to a purchaser--probably in the process of loading it--or even Wal-Mart. If it had been unwrapped, abandonment may be more likely. But, in any event, why wouldn't someone check with Wal-Mart employees first? Think of the bait bicycles used by some departments.
 
Posts: 444 | Location: Austin, Texas, USA | Registered: January 06, 2010Reply With QuoteReport This Post
Member
posted Hide Post
That's why you are going to offer probation!
 
Posts: 291 | Location: San Antonio | Registered: January 27, 2004Reply With QuoteReport This Post
Administrator
Member
posted Hide Post
Wouldn't it be nice if officers would check with the prosecutor BEFORE doing things like this?!?
 
Posts: 2329 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Not entrapment but....still......????

© TDCAA, 2001. All Rights Reserved.