Police Tailgating and Entrapment Revisited

Since I’ve been revisiting so many things lately, and Roderick just posted his PPE presentation from last year (which I missed), I figured I’d revisit the topic of police tailgating and entrapment that I mentioned here last year. Down below is the (alas, rejected) abstract proposal I sent to the forthcoming PPE conference.  Below the abstract, I’ve pasted a few interesting cases I’ve recently encountered of what I take to be entrapment on my account of it.

I gave an earlier version of the tailgating paper this past July at the NASSP conference in San Francisco, where it was mostly met with puzzlement. The main objection from the audience was that my account of entrapment-by-intimidation was, in some sense, too revisionary to count as entrapment. Police tailgating to induce a moving violation was, most people granted, a due process injustice of some kind–just not a case of entrapment. I was surprised to encounter a small handful of people who didn’t think that police tailgating was either entrapment or a due process injustice of any kind. But I guess weirdos like that are what conferences are for. Continue reading

Cashing the Check of Justice (1)

But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity in this Nation.

So we have come to cash this check. 

–Martin Luther King, Jr. , “I Have a Dream” (1963)

I just got home from nearly three weeks abroad. Waiting for me in the mail: final judgment in my favor on my Superior Court appeal against Bedminister Municipal Court. But the case is not over. Continue reading

Police Tailgating as Entrapment: A Comment and Query

I live a fair distance from work, so I spend a fair bit of time driving on interstate highways. Because I do, I have a fair opportunity to observe the rather unfair doings of the New Jersey State Police on our interstate highways. This is the kind of behavior I see just about every day:

And this is the kind of behavior I’ve seen more than once (albeit by local police, not by state troopers):

I once saw a Glen Ridge police officer tailgate and then crash into the car he was tailgating, in part because he was lighting a cigarette while doing so. Having crashed into the car in front of him (at a red light), he called in backup, surrounded the victim’s car, then aggressively interrogated her at the scene–presumably for the crime of his having crashed into her. (This despite the fact that liability for rear-end collisions is almost always pinned on the car in the rear.) I wish I’d recorded it, but I didn’t have a cellphone at the time.   Continue reading