Bait Bikes: Clever Theft-Deterrent or Entrapment?

Hey Ya'll,

Searched the forum and didn't find this one posted (sorry if it was and I missed it):

http://www.good.is/post/bait-bikes-clever-theft-deterrent-or-entrap...

An interesting idea.  I take the legal notion of entrapment pretty seriously as a social justice issue, and don't support this strategy as a widespread tactic.  But it does seem to hold some promise for the biking community in cases where there are clear patterns of bike theft.  When my bike was stolen a couple of months ago, the method, neighborhood, and time of day all fit similar thefts over the past several months.  Plus, the GPS system described in the article has led to unearthing warehouses of stolen bikes. 

But authorities baiting the desperate, and often those most impacted by socioeconomic inequality, is a very slippery slope indeed.  What do you think?

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Permalink Reply by Doug Haynes on July 9, 2010 at 3:03am
And people like you who leave stuff unattended are why we have so many thefts.

I'm sorry but if you are so naive that you leave your coat, umbrella, bag, bike or anything else unattended in a crowded place you are basically giving it away. Mind you, this is not a reflection of my own moral compass or me approving of that kind of behavior; it is me acknowledging the reality fo the world we live in.

Kohaku said:
You are part of the problem. I've lost coats and umbrellas in restaurants by people with your mentality.

Dr. Doom said:
I don't think that it's really stealing to take an unlocked and unattended bike in a city like Chicago.
Permalink Reply by Spencer "Thunderball" Thayer! on July 9, 2010 at 3:07am
Dr. Doom said:
'Person of low SES' is usually a euphemism for 'poor black person'...People may steal because they're poor...but not because they're black.

Um...

Seriously dude? You're leaping into some conclusions that don't necessarily exist. A specific designation within the SES ladder doesn't indicate if someone or a group are people of color. Does that make sense?

Well I'll be clear. I'm saying that including racial distinction into this discussion isn't appropriate and should be avoided.

Permalink Reply by Spencer "Thunderball" Thayer! on July 9, 2010 at 3:18am
And no this isn't entrapment.

A defense attorney can only use Entrapment as a defense against a criminal charge if law enforcement agents attempted to force or convince the defendant to commit an offense which the defendant would otherwise have not have committed.

Woo Wai v. United States, 223 F.1d 412 (9th Cir. 1915), Sorrells v. United States, 287 U.S. 435 (1932) and Jacobson v. United States, 503 U.S. 540 (1992).
Permalink Reply by Digital Dario on July 9, 2010 at 3:39am
I would have to agree with what most people here have said. If you leave something unattended or unlocked you should not be surprised if it is not there when you return. I'm not saying that one deserves it however the victim did facilitate it and therefore should feel at least partially responsible. Facilitation by no means implies guilt, I just want to be clear about that.

As far as socioeconomic status goes. It is a completely legitimate sociological term and should not be considered as a"euphemism". I think "urban" is the euphemism you are looking for. While there does exist correlation between low socioeconomic status and crime, there is no causal relationship. The best research has only shown that the worse off socioeconomic areas are prone to higher levels of crime (violent and non-violent). General research on crime has shown that most nonviolent crimes are crimes of opportunity and not desperation. Therefore I feel that without a long term plan to address career bike thieves, this "bait bikes" tactic is at best a short-term solution to what is rapidly becoming a serious problem in Chicago.

And for what it is worth, I was a victim of bike theft a few years ago and I have to agree with H3N3 has shared with us. It did keep me from cycling for over 2 years and I only recently bought another bike and in no way did I invest nearly as much money.
Permalink Reply by Davo on July 9, 2010 at 4:09am
I hope that you're talking about an incident that is different from the cyclist trying to take over LSD at the Taste.

Ben said:
To HS: It's going to slip to John Burge, and the cops who accosted cyclists at Taste, ...
Permalink Reply by Bob Kastigar on July 9, 2010 at 5:10am
Dr. Doom said:

If my neighbor sets out a snazzy hi-fi setup on the curb and I take it, am I stealing?
Yes, you are stealing.
I've lived in large cities my whole life and there's always been a social consensus that legitimately untended property is up for grabs. That social consensus is wrong - it encourages theft.

If it isn't yours you shouldn't take it unless someone has specifically given it to you are marked it as "free gift".

"Social consensus" accepted slavery at one time too.

.

Permalink Reply by igz on July 9, 2010 at 5:55am
Baiting, with any cheepo lock is simply not entrapment. A lock...even if the bike is tied with a shoe string, indicates ownership and an intent of returning to the property.

yeah...if we were to put a bike next to a dumpster, and jump the shit out of a guy for trying to take it...yeah, thats not ok, and having him arrested for attempted theft...i would agree...entrapment.

now, in my case of a shoe string...is that 'leading them on'. absolutely!! it may be an invitation, but it simply expedites the process.

i see it no different than a female cop in a mini skirt and 22" heels on a dark corner under the L, and a dude tries to pick her up after a negotiation of 'services', and busts dude for picking up a hooker.
Permalink Reply by cutifly on July 9, 2010 at 6:05am
I briefly read over the first page of Wiki, I did not really see anything relating to theft or stolen property, Just child porn and narcotics. Is there anything else you may be aware (in regards to the court) in direct relation to theft or stolen property ? I do so much enjoy reading about these court cases and thank you for the time to look this up... I would hate myself if I had to put myself through law school when I despise so many things in society and would just rather enjoy my life...

Spencer "Thunderball" Thayer! said:
And no this isn't entrapment.
A defense attorney can only use Entrapment as a defense against a criminal charge if law enforcement agents attempted to force or convince the defendant to commit an offense which the defendant would otherwise have not have committed.
Woo Wai v. United States, 223 F.1d 412 (9th Cir. 1915), Sorrells v. United States, 287 U.S. 435 (1932) and Jacobson v. United States, 503 U.S. 540 (1992).
Permalink Reply by T.C. O'Rourke on July 9, 2010 at 6:50am
The program as described in the article is not entrapment.

Interestingly, the objection raised in the referenced treehugger article was that leaving a bike in this fashion tempts addicts who are struggling to get clean.

True enough & much sympathy, but this program serves a greater good and should not modified for this reason.

Unlocked vs. Poorly Locked vs. Properly Locked:

It seems the goal of this program is to track the bike to a cache of stolen bikes, in which case leaving the bait bike poorly locked would make more sense.

Any low-life walking by an unlocked bike might be tempted to grab it. While I have no sympathy for them, they are not the root of the *bike* theft problem. No amount of busting this type will allow you to leave your bike unlocked. Frankly, I think this tactic is wasting the resource.

Locking the bike, poorly or otherwise, would weed out the random unrelated douches, leaving the real thieves, as unsophisticated they may be. It would also boost the chances that the bait bike would end up in a mobbed-up hot goods warehouse.

The goal of finding such places justifies focusing on low-tech thieves vs. U-lock busters.
Permalink Reply by Ricardo Cervantes on July 9, 2010 at 7:30am
This happened to me some years ago. My bike was stolen out of my garage, and it bothered me to the Nth degree to have to pay for another. I didn't ride as much as I do now back then, and it really bothered me that I had to pay for another bike.

H3N3 said:
spacemodular said:
Another column on the same subject:
I feel that Bike theft keeps many people from riding bikes for the long term. They quit riding because they have no bike and feel it is a waste of money to invest in something that will just be stolen again.

Word . . . I've followed up with more than a few theft victims who were ready to hang it up and not try to replace the bike.
Permalink Reply by Glenn on July 9, 2010 at 7:33am
XV said:
Who's up for a chainlink bait bike? Think we can get the cops to come in time?..er ha forget that

I'm for it yo, but calling the cops would in reality get you nowhere special. This is a job for...

Permalink Reply by Tank-Ridin' Ryan on July 9, 2010 at 7:38am
iggi said:
Baiting, with any cheepo lock is simply not entrapment. A lock...even if the bike is tied with a shoe string, indicates ownership and an intent of returning to the property.

yeah...if we were to put a bike next to a dumpster, and jump the shit out of a guy for trying to take it...yeah, thats not ok, and having him arrested for attempted theft...i would agree...entrapment.

now, in my case of a shoe string...is that 'leading them on'. absolutely!! it may be an invitation, but it simply expedites the process.

i see it no different than a female cop in a mini skirt and 22" heels on a dark corner under the L, and a dude tries to pick her up after a negotiation of 'services', and busts dude for picking up a hooker.

I wouldn't consider the shoe string to be leading someone on. They'd obviously be looking for stuff that's easy to steal. Now, a nice carbon Cervelo unlocked with no one around and a 'STEAL ME' sign next to it is a different story.

Oh, and 22" heels - I'll believe it when I see it.

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