12.11.2007

Entrapment.

The NYPD has clearly solved the terrorism problem. Next up on the list, samaritanism.

The sting: Leave a bag in a conspicuous place, like a restaurant, and then arrest someone when they see it and make off with it. "But what if the person took it in the hopes of returning it?" Tough Toffee.

Want More? NYPD apparently thought they were wasting their time with this. [I'll wait] .... SO, they inserted a real Credit Card owned by an NYPD pseudonym. Now the unwitting felon has stolen a CC, which in NYC is grand larceny.

First, has New York gotten so safe that the cops have to resort to creating crime?
Second, this is entrapment, no? If you draw someone in to buy drugs, that is not entrapment because they had in their heart the desire to commit the crime. The cops did not create that. Here, the person had no such intent. At most, he or she found an abandoned object. Or worse, they now have to stand up in court and explain away their good samaritanism.

Oh, and NY has a "good samaritan law," but neither it nor any version of it in any other state, extends this far. Those laws protect people who attempt to rescue or assist someone in danger from tort liability if they screw up. They don't ever require someone to proactively return a lost object.

[For those wondering - I am doing doc review and this is jogging my brain]

1 comment:

David said...

yikes! criminalizing a mitzvah? I wonder if I could argue against the law on first amendment grounds...

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