New young off-duty cop in street clothes out of jurisdiction saw an ATV tipped on its side that was on a designated ATV trail. With wife and child in his personal vehicle. Stopped at scene called dispatch stated there were no injuries or damages. Personally calls rural city cop tells him he smelled alcohol While at the scene he announced he was an off duty cop to the atv riders & stated that no one was to tip the ATV back and leave the area. All the riders left the area & continued on the trail including the suspect of the tipped ATV. He calls city cop again and tells him he would meet up with him where the trail comes out which is several miles away. He drives over to other location with wife & child and waits. Gets out of car chases suspect down the ATV trail and stops him. City cop joins off duty cop. Would this action count as entrapment? Did his announcement fall under the color of the law? He did not detain the suspect nor stated why they had to stay. Was his announcement that he was a cop enticement for everyone to leave the area and then arrest the one suspect later where he waited for him?
This would not be misconduct.or entrapment. Anyone, police officer or not, could have acted in the same manner. I not sure why you believe the presence of the wife and child has anything to do with anything. You may want to look up the legal definition of "entrapment.'
Robert D. Kane, Jr. Esq. Licensed in CALIFORNIA (based in City of Orange, Orange County;) and MINNESOTA (based in Eagan, Dakota County.) State and Federal Courts My answers are for general information only and not legal advice. My answers should not be relied on as specific legal advice. Much more information would most likely be needed for a legal opinion. My answers are based on Minnesota or California law as appropriate. I am only licensed in California and Minnesota. I provide legal advice and counsel during the course of an attorney-client relationship only. This relationship is established by a written agreement and a retainer (unless otherwise agreed upon.)
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline