Is It Entrapment If A Cop Hides To Catch You Speeding?

Short answer, no it is not entrapment. For those interested in the explanation, I will go on to define entrapment, give some examples, and tell you a state where officers are not permitted to hide when running a speed detection device.

Entrapment is defined as "The act of officers or agents of the government in inducing a person to commit a crime not contemplated by (that person) for the purpose of instituting a prosecution."* This means that an officer or agent of the government must engage in some improper inducement or coercive conduct in order for the court to find entrapment. Another key factor is that it is not a crime the person would be predisposed to commit.**

"A defendant cannot show inducement merely by showing that the government provided an "attractive" opportunity to commit a crime."*** The government's mere suggestion of a crime or initiation of contact is not enough to merit entrapment. “There is no entrapment, however, if the accused is ready and willing to commit the crime whenever the opportunity might be afforded—even if by government agents or informers acting under their supervision.”****

Because it takes more than the mere opportunity to commit a crime, it cannot be entrapment for an officer to hide himself from sight to catch you in criminal activity. Further, no government contact was made to induce you into speeding. Instead, it is clear that speeding is a crime that you are predisposed to commit if the only thing keeping you from doing so is an officer being visible.

Now for an example: You are a drug user, but you have never sold to anyone and would not do so. Officer's are aware you are a user, but don't have evidence of you selling. An undercover officer requests that you sell him some of your personal use stash so that he can give it to his sick wife to ease her pain. You refuse him. The officer comes back again and makes the same request. He goes even further, he tells you he does not have health insurance and his wife is terminally ill. You still refuse. He comes back a third time, this time he tells you that his wife is at the end of her life and he just wants her final days to not be spent in pain. At this point you relent and sell him some of your stash. He then immediately arrests you. This is a case where the entrapment is likely present and a not guilty verdict would be appropriate.

Police are allowed to lie to citizens; however, it is clear in this example that the repeated and escalating coercive comments lead to the person committing a crime they had no predisposition to commit. This was more than the mere opportunity to commit a crime.

Finally, as promised, I am aware of one State where officer's are not allowed to hide while using a radar gun. Georgia code section 40-14-7 states, "No stationary speed detection device shall be employed by county, municipal, college, or university law enforcement officers where the vehicle from which the device is operated is obstructed from the view of approaching motorists or is otherwise not visible for a distance of at least 500 feet." This does not mean that the officer cannot sit on the side of the road with his lights off. If he can still be seen with plain sight, which would include your headlights at night, then he can still use the radar. It also does not make his actions entrapment, but instead just a violation of Georgia State Law.

*Blacks law Dictionary Definition

** United States v. Mayweather, 991 F.3d 1163, 1175 (11th Cir. 2021).

*** Sistrunk v. , 662 at 1334.

**** United States v. Mayweather, 991 F.3d 1163, 1179 (11th Cir. 2021).