Legal Question in Traffic Law in Georgia

There is a police officer following my brother right on his tail and he has been following him for about 12 to 15 miles if he pulls him over will that be entrapment?


Asked on 11/29/10, 11:06 am

3 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

No.

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Answered on 12/04/10, 11:17 am
Scott Carter Scott Carter Attorney at Law

No. The officer did nothing to encourage or entice your brother to engage in unlawful conduct.

The delay in stopping him may have been because he was running a computer check to determiine whether your brother was insured or had any outstanding warrants Your brother may have demonstrated some manifestations of intoxication and the officer followed him to determine whether he was driving safely. The answer is in the police report! Assuming your brother was arrested.

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Answered on 12/04/10, 2:09 pm
Lawrence Lewis Lawrence Lewis, P.C.

Pull him over for what? Speeding? Your brother is free to pull over and let the officer pass him. Entrapment is where law enforcement repeatedly encourages someone to do something criminal the person would NEVER otherwise do, and then arrests the person for doing the criminal act.NOTE: In order to argue entrapment you must always admit to doing the thing you were arrested for, which means if the jury does not believe that the police coerced you into doing it, you are automatically guilty.

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Answered on 12/05/10, 7:12 pm


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