Why is bait car legal

The vehicle often contains items such as laptops, electronics, or other items that may make people more likely to steal the vehicle.

Police officers remotely monitor the car and often can control the car via GPS surveillance systems. Although using a bait car may seem like a clear case of entrapment, courts have ruled that this deceptive technique is legally valid under Texas law.

Therefore, although many accused individuals attempt to raise the entrapment defense, it is likely to be unsuccessful. There are other defenses that may be applicable in a car theft case. For instance, defendants may be able to argue that they believed the vehicle to be abandoned, so they did not have the required intent to deprive the owners of the vehicle of their property.

Another potential defense may be mistake of fact. Is bait car considered entrapment? What is the difference between a sting and entrapment? Are drug stings entrapment? Is entrapment illegal in the US? Is wearing a wire entrapment? Is wearing a wire legal? Can you sue police for entrapment? Is setting someone up a crime? State, 30 S. While there may be situations where the particular sting or bait car does cross the line and provide a viable entrapment defense, anyone arrested on a bait car theft charge in North Texas should not rely upon cries of entrapment to defend against a conviction.

Most bait car cases will not be able to meet this two-prong test for a valid entrapment defense. This does not mean that there are not valid and strong defenses to be argued against bait car charges.

Abandonment is actually a good defense in many of these bait car cases. Also, the person charged with theft may be able to assert a mistake of fact defense. If the case goes to trial, the jury will be given specific jury instructions to be used in consideration of the defense. Bait cars involve charges of auto theft. What if the allegedly stolen property looked to be abandoned when the defendant got behind the wheel?

Here, how can there be any intent to deprive the owner of property? For over a century, Texas has recognized abandoned property. State, 56 Tex. Schaded , S. Under the law, abandonment must be shown to involve 1 the intention to forsake or abandon and 2 the act by which such intention is carried into effect. Worsham , 56 Tex. What if the defendant has evidence to show that the bait car looked to him or her to be abandoned property? In the circumstances, did it look like the car had been deserted or relinquished by its owner?

Under Texas Penal Code Section 8. It is important to note that this may or may not be a complete defense. The statute also states that :. The defense negates the necessary element of intent to commit a crime, which the prosecution must establish in order to get a conviction. The mistake-of-fact defense can only be used if it is shown that his mistake in thinking the car was abandoned affected his culpable mental state regarding commission of the auto theft offense.

Willis v. In other words, the mistake of fact defense is allowed only when there is evidence that the defendant formed a reasonable belief about the car which, while wrong, establishes that his mistaken belief negated the necessary intent or motive needed to prove that he commit the crime of theft. Complaints against police. Publications, statistics and legislation. Copy Cancel. Did you find what you were looking for? Thank you for your response.

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