Entrapment or Fair Play?

[Accountable]

Anything you say or do will be supplemented by illegal devices provided to you free of charge by undercover police.


The Occupy Austin protesters were given PVC pipe to cover their arms locked together during a sit-in. "The activists locked arms inside tubes made of PVC pipe that the police had designed, constructed and dropped off for the protest." Those who used the provided device were charged with a felony instead of a misdemeanor.


They only found out they'd been set up by tracking down the infiltrator themselves. A lawyer suspected infiltration because the charges are really uncommon, tracing back to when a film projector was declared a criminal instrument to stop showings of Deep Throat .
Infiltrating Occupy: Austin Activists Face Charges for Equipment Provided by Undercover Police

 

[hart]

Entrapment

 

[darkcgi]

Blatant!
I keep two war tomahawk axes under my mattress in case of Marshall law. Just saying.....

 

[Joe the meek]

I keep two war tomahawk axes under my mattress in case of Marshall law. Just saying.....

The year is 2012. Tomahawks ain't what I'm breaking out.

 

[Dana]

Entrapment... Surprising? Not really.

 

[Dana]

The year is 2012. Tomahawks ain't what I'm breaking out.

Abraham Lincoln: Vampire Hunter comes to mind... :unsure:

 

[Kakapo Dundee]

I'd love to meet Marshall Law one day, which office was he elected to?



It's rather scary that people who think they understand the purpose of the Second Amendment can't even spell martial law.



As to the case, the law does not prohibit the supply of cut lengths of PVC pipe, it prohibits the use as a criminal instrument.The 'occupy movement' chose to protest.....no problem. They also chose to obstruct. Their mistake.

If you're going to try and fuck with the system, it pays to remember that the system has plenty of experience and will fuck you back.

 

[The Man]

Guilty..I guess had they torn off some railing and did the same..would be the construction guys fault.
No one made em use the pipe..was their own choice.
Kind of like if they left keys in car to catch car thieves..its their choice to do it.

 

[Kakapo Dundee]

Kind of like if they left keys in car to catch car thieves..its their choice to do it.

Perfect analogy.

They use 'bait cars' on a regular basis.

 

[robdawg1]

Why were they using the pvc pipes to begin with?

 

[The Man]

Perfect analogy.

They use 'bait cars' on a regular basis.

Perfect analogy.

Agreed

 

[Kakapo Dundee]

Why were they using the pvc pipes to begin with?

http://en.wikipedia.org/wiki/Sleeping_dragon

 

[robdawg1]

http://en.wikipedia.org/wiki/Sleeping_dragon

Thank you, and they do this with the knowledge that it is illegal?

if so, it doesnt matter who gave them the items, they commited an illegal act. NOT Entrapment if they were going to do it anyway, and the detectives just happen to be the ones to give them the materials.

 

[Kakapo Dundee]

It's illegal, but it's an obscure law, and certainly doesn't look like it was written to clamp down on the menace that is free speech.
Protesters have traditionally obstructed moves to silence them, and this method is more extreme than most.

The section of the penal code that they used appears to have been written with a view to clamping down on lock-picking and car theft tools.
The police have redefined the purpose of the code, and it would appear that it was recently amended .

CHAPTER 16. CRIMINAL INSTRUMENTS, INTERCEPTION OF WIRE OR ORAL COMMUNICATION, AND INSTALLATION OF TRACKING DEVICE​

Sec. 16.01. UNLAWFUL USE OF CRIMINAL INSTRUMENT OR MECHANICAL SECURITY DEVICE. (a) A person commits an offense if:
(1) the person possesses a criminal instrument or mechanical security device with the intent to use the instrument or device in the commission of an offense; or
(2) with knowledge of its character and with the intent to use a criminal instrument or mechanical security device or aid or permit another to use the instrument or device in the commission of an offense, the person manufactures, adapts, sells, installs, or sets up the instrument or device.
(b) For the purpose of this section:
(1) "Criminal instrument" means anything, the possession, manufacture, or sale of which is not otherwise an offense, that is specially designed, made, or adapted for use in the commission of an offense.
(2) "Mechanical security device" means a device designed or manufactured for use by a locksmith to perform services for a customer who seeks entry to a structure, motor vehicle, or other property.
(c) An offense under Subsection (a)(1) is one category lower than the offense intended. An offense under Subsection (a)(2) is a state jail felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 7, eff. Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 814, Sec. 1, eff. September 1, 2011.

 

[Accountable]

It's rather scary that people who think they understand the purpose of the Second Amendment can't even spell martial law.

Agreed, because everybody's familiar with the famous clause that states that a person's Second Amendment rights will be instantly revoked if they misspell martial.

 

[Accountable]

Guilty..I guess had they torn off some railing and did the same..would be the construction guys fault.
No one made em use the pipe..was their own choice.
Kind of like if they left keys in car to catch car thieves..its their choice to do it.

Except that the protestors were looking to peacefully protest, a fully legal action protected by our Constitution, not steal a car. Would it have occurred to you that using that device would have suddenly made you a felon? I wouldn't. Would it ever have occurred to you that someone could fashion a pipe with a mechanism inside to lock people's hands in? Not to me.

Perfect analogy.

Stupid analogy, as I explained.

 

[Accountable]

It's illegal, but it's an obscure law,

As obscure as car theft, I'm sure.

 

[Kakapo Dundee]

Agreed, because everybody's familiar with the famous clause that states that a person's Second Amendment rights will be instantly revoked if they misspell martial.

We can but dream of a state where only those with basic intelligence or above are trusted with firearms.

 

[Kakapo Dundee]

Except that the protestors were looking to peacefully protest, a fully legal action protected by our Constitution, not steal a car.

Almost. They weren't simply protesting, they were taking explicit action to obstruct any police officer who attempted to manage or control their protest.

 

[The Man]

Except that the protestors were looking to peacefully protest, a fully legal action protected by our Constitution, not steal a car. Would it have occurred to you that using that device would have suddenly made you a felon? I wouldn't. Would it ever have occurred to you that someone could fashion a pipe with a mechanism inside to lock people's hands in? Not to me.

Stupid analogy, as I explained.

It was a great analogy ..it doesnt matter if the pipe came from the police or not ...just like a bait car
Entrapment isn't an issue..now if you want to argue the crime should not be a felony thats a different story.
The saying goes ignorance of the law is no excuse....Which is not totally the case here either,,they knew what they were doing was illegal but didnt know the sleeve enhanced it...Fact is they still knew it was illegal to obstruct..they decided to sleeve up to further harass the police...so yes I can see the enhancement of punishment.
however I would give then Suspended Imposition of Sentence {meaning if they walk the probation the charge wont show on their record}