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Man Arrested For Calling 911...

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Sounds like a candidate for one of those "World's Most Boneheaded Criminals" shows.

I just came across this and glad to see it was posted here. We need to get this guy and the guy that commented on Facebook police post together, would be a great TV show. :lol2:

Hey, at least it wasn't in Kentucky.

 

Yeah, because in KY it would have been meth.

Here's your sign....

:lol2: :lol:

Sounds like a candidate for one of those "World's Most Boneheaded Criminals" shows.

One of my favorite "Local" "Bonehead Criminal" stories:

 

A local guy was arrested for domestic violence, he was found in possession of marijuana. After being released from jail, he calls 911 and says the arresting officer took his weed and he wants to get it back. He is put in contact with the arresting officer who agrees to meet him at a public location and return his weed. They meet, the officer gives him his weed, he sticks it in his pocket. And the officer arrests him for possession again. Stupid.

True story: My ex and I had a not so harmonic break-up. He used to get drunk and call to harass me at all hours of the night. One night, I called the police and asked them to pay him a visit and ask him to stop. The police showed up and he's so drunk that he invited them into his home where he had a joint in the ashtray. Next call I got from him was after he got out of jail for possession of marijuana. I couldn't stop laughing hard enough to tell him that you never invite the police into your home when they show up unannounced.

One of my favorite "Local" "Bonehead Criminal" stories:

 

A local guy was arrested for domestic violence, he was found in possession of marijuana. After being released from jail, he calls 911 and says the arresting officer took his weed and he wants to get it back. He is put in contact with the arresting officer who agrees to meet him at a public location and return his weed. They meet, the officer gives him his weed, he sticks it in his pocket. And the officer arrests him for possession again. Stupid.

 

Entrapment is usually a pretty tough defense, and while I'm not really sure it applies here, I could see a Judge not finding the humor in the officer's actions and throwing it out. Having a member of a police department do something like that kind of implies a lot given the circumstances. It'd be one thing if he were undercover or whatever, but I mean, it sounds like the guy was acting in his official capacity, said, "yea, I can give you the weed back" and then goes and does so solely to arrest him. Not saying the guy isn't stupid or that the whole thing isn't bizarre, just that I could see some kind of defense, though I specifically don't know what it'd be right off, that would give the guy a solid chance at getting off.

Entrapment is usually a pretty tough defense, and while I'm not really sure it applies here, I could see a Judge not finding the humor in the officer's actions and throwing it out. Having a member of a police department do something like that kind of implies a lot given the circumstances. It'd be one thing if he were undercover or whatever, but I mean, it sounds like the guy was acting in his official capacity, said, "yea, I can give you the weed back" and then goes and does so solely to arrest him. Not saying the guy isn't stupid or that the whole thing isn't bizarre, just that I could see some kind of defense, though I specifically don't know what it'd be right off, that would give the guy a solid chance at getting off.

He probably got off, but he spent that night in jail and got his marijuana taken, again.

 

I'm no lawyer, but would it be entrapment if you go and ask a police officer for marijuana and he gives it to you? In the 90's, you know marijuana is illegal and you know a police officer, in uniform, is sworn to enforce the law and know if the police officer sees you breaking the law he is going to arrest you. Ignorance of the law is no defense.

He probably got off, but he spent that night in jail and got his marijuana taken, again.

 

I'm no lawyer, but would it be entrapment if you go and ask a police officer for marijuana and he gives it to you? In the 90's, you know marijuana is illegal and you know a police officer, in uniform, is sworn to enforce the law and know if the police officer sees you breaking the law he is going to arrest you. Ignorance of the law is no defense.

 

Agree that ignorance is generally no defense. I don't know about how an entrapment charge would play out here because of the second of the elements listed below, but I'd think some defense applies. Mistake of law, when relied upon by a proper source, could be a plausible defense though. An example of what I'm going for here: you pull up and see the officer who is over parking for the jurisdiction and ask, "excuse me officer, is this a legal parking spot?"... Officer assures you that it is, then waits for you to leave and writes you a ticket. Just a heads up too-- mistake of law can't arise from a lawyer.

 

 

Entrapment is a very, very tough defense to sell. I'm not really sure, but greatly doubt it. They really don't spend tons of time on it in law school because it's so rarely successful.

 

The main elements of it are that it is:

 

1.) a creative activity that originates with LEO's, &

2.) the Defendant was in no way predisposed to commit the crime

 

 

Last good entrapment case that someone could probably make successfully that I've heard in the news: police place an undercover officer in a school to combat the sale of drugs; officer befriends an autistic kid who doesn't have many friends; officer asks said kid to find him weed; kid tries for two weeks unsuccessfully, while still being asked by his new "friend"; kid finally brings his friend a joint after two plus weeks and is arrested;

 

I'm also thinking he didn't want to take the money, or if he did, it was a very minimal amount and he took it at the urging of the officer.

 

That's probably a good one because obviously the kid wasn't predisposed to committing the crime. It took him two weeks to find a joint and he only did so because he thought dude was his friend.

 

That's one where I just shake my head and say shame on the LEO.

 

 

Entrapment is one of those things you always see on tv and in the movies, but it rarely applies in real life.

 

Probably a good rule of thumb on entrapment: the only times you'd really see it applying are stories like the ones above, where you could ask 100 people and most of them wouldn't just say "that's entrapment", they'd say, "that's just wrong".

Edited by JokersWild24

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