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Local Attorney Calls Use Of Bait Cars Entrapment

The Daytona Beach police are fishing for criminals with bait cars and, so far, they've netted five people. But not everyone thinks their tactics are fair. One local defense attorney says the police department is engaging in entrapment.


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"It's called, taking the fight to the criminals and, if they get caught, they get caught," said Daytona Beach Police Chief Michael Chitwood.

So far, it has worked most of the time. There have been five arrests and several more busted for taking valuables left in unlocked cars.

"If you see a laptop, you don't take it. But a thief, a thug, a scumbag does. And that's who we are targeting," Chitwood said.

Video of the latest thief in action shows him wearing socks on his hands and a hood over his head. He takes off, but when the doors lock automatically, he parks the car and climbs out the window. He's the only one, so far, who took the bait, but wasn't reeled in.

But is it entrapment, when keys are left in plain view and the car is running? That depends on who you ask. One local attorney says yes, this is not only unfair but unlawful.

The law describes entrapment when a person is "induced or persuaded" to commit a crime that he had no previous intent to commit.

"They're creating a crime, where no crime existed, until they put out this temptation," said defense attorney James Crock.

But Daytona's police chief said it's no different than what 100 other police departments are doing and is similar to setting up drug dealers and online predators.

"Is it fair you get stuff stolen? Is it fair your child gets solicited by a predator online? This is what police do. It's called proactive," Chitwood said.

Proactive or entrapment, ultimately a judge may have to decide.

The Daytona Beach Police Department is asking for the public's help to identify the car thief that tried to conceal his identity and escaped from the bait car. Because of that, they will adjust the camera angle in the car before it is sent out as bait again next week.
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