Is it considered entrapment in the state of Texas if a motorcycle deputy is sitting on private property?

Asked over 1 year ago - Wimberley, TX

the area the officer was sitting in belongs to a personal friend of the family so we are very familiar w / the lay of the land & in order for the officer to not be visual he had to have been at a considerable distance into the driveway to record vehicle speeds .

Attorney answers (3)

  1. Daniel O'Brien

    Pro

    Contributor Level 12

    Answered . Entrapment involves encouragement by law enforcement of the crime of which you are accused. Being on private property (versus public property) neither encouraged or hindered your rate of speed. I can't see this as an an entrapment issue. Your family friends may have a trespass claim. I would doubt that the police get to set-up a speed trap on private property without the owner's consent. If there was an emergency of some sort, then I am confident they would have unfettered access to the property. You should ask this question to the criminal defense lawyers. Maybe another lawyer can determine whether the evidence is inadmissible because it was obtained through the potential trespass onto private property. Because I don't handle criminal law matters, I'm not familiar with exclusion cases.

    This post is for discussion purposes only and is not intended as legal advice. This post does not create an... more
  2. Izak D. Gregory

    Contributor Level 3

    Answered . No it has nothing to do with the issue of entrapment. Entrapment exists when a person is not disposed to do an act howevr a law enforcement agent through his actions encourges the person to the extent that it overcomes the persons will or propencity to not do the act. It has to be more than just offer the person an opportunity to commit the act however. Your friends family can request that the officer no longer "Hide" at that location if they want to and I am sure he will comply with their wishes. If he will not move or if he returns a visit to the Police Station to discuss it with his Chief will get results I am sure.

  3. L. Maxwell Taylor

    Contributor Level 20

    Answered . I never heard of a place where the mere fact that the officer was hiding on private property had any effect on the validity of a speeding ticket. A motorist is required to drive within the speed limit whether or not s/he is in the presence of a law enforcement officer. Law enforcement officers frequently hide in an attempt to catch speeders, whether behind billboards or just beyond a turn or a dip in the road where people are inclined to drive with a heavy foot.

    So, under general principles of law, what you describe has nothing to do with entrapment. Entrapment has to do with inducing a person to commit an illegal action he wouldn't otherwise commit. I think what you're saying is, the person wouldn't have exceeded the speed limit if he knew he was being watched. (Who wouldn't?)

    Not entrapment.

    Not legal advice as I don't practice law in Texas. It's just my two cents on the facts you describe in light of general principles of law. If you need legal advice, please consult a lawyer who holds Texas licensure. I practice in Vermont ONLY.

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