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Originally Posted by T77911S
If the girl made the offer that is entrapment.
also think it would be recorded because then it turns into "he said she said".
sounds like the dude got nailed.
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Quote:
Originally Posted by Rick Lee
If this really went down like Carl's version, then he would have a false arrest suit. That's totally entrapment.
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Not so sure. If the government compelled him under threat, it is entrapment. If they simply offered services and he accepted, legal arrest.
Quote:
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Entrapment defenses in the United States has evolved mainly through case law. Two competing tests exist for determining whether entrapment has taken place, known as the "subjective" and "objective" tests. The "subjective" test looks at the defendant's state of mind; entrapment can be claimed if the defendant had no "predisposition" to commit the crime. The "objective" test looks instead at the government's conduct; entrapment occurs when the actions of government officers would usually have caused a normally law-abiding person to commit a crime
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If the situation occurred as he stated, and no money had changed hands, I expect he should be clear from prosecution, and could file charges against the officers for false arrest.