# Only On 2: Uber Drivers Nabbed In LAPD Sting Call Their Arrests Entrapment



## LA Cabbie (Nov 4, 2014)

http://losangeles.cbslocal.com/2015...-in-lapd-sting-call-their-arrests-entrapment/

*Only On 2: Uber Drivers Nabbed In LAPD Sting Call Their Arrests Entrapment*
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*DOWNTOWN LOS ANGELES (CBSLA.com) *- Three drivers with Uber are speaking out after they were arrested by the Los Angeles Police Department in an undercover sting operation.

In an exclusive interview with CBS2's Erica Nochlin, Roy Freeman, Michael Chadwick and Sid Lomeli say the way they were targeted was nothing short of entrapment. And they say it might scare new Uber drivers away.

All three of these drivers believe the "U" Uber logo in their windshield made them a target during what was supposed to be a typical Friday night on the job in Downtown L.A.

Each of them say they were flagged down by a woman, who asked if she could order a ride on the Uber app right then and there.

Uber is a ride service that lets people call drivers using a mobile app on their cell phone via GPS. All payment is handled through the app.

"A lady vigorously waved me down," Freeman said.

Chadwick interjected, "I almost thought she maybe needed help or something."

"She said, 'Uber?!' according to Lomeli. "I said, 'Yeah, Uber.'"

Lomeli said, "Then the girl opened my back door. She said, 'Come on, I really need to go to this place. I really need to go, please.'"

Freeman said, "She said, 'I have a friend across the street, let me wave her over.'"

"My door was open and, next thing I know, the cops are behind with the sirens on," Chadwick said.

Police arrested all three drivers and impounded their vehicles.

A Los Angeles Department of Transportation spokesperson confirms the agency participates in these types of operations, along with the LAPD. He says Uber drivers, and many others - such as limo drivers for example - are subject to arrest if a ride isn't pre-arranged.

"It's not safe and it's bad for business," according to CBS2 legal analyst Steve Meister, who says even Uber drivers are considered bandit cabs if they stop for a passenger off the books. "There's no accountability for the passenger. There's no accountability for the driver. And so there has to be regulation in this business."

But the drivers believe it was entrapment. They say they've never asked people before if they needed a ride, and pointed out they have near-perfect customer ratings.

Lomeli said he was made to feel like he was a criminal.

""Bluntly, I think it's very cruel," Chadwick said. "This could have been handled in a much better way. This is going to set me back bad."

The men are going to try and get their vehicles back on Monday.

CBS2 contacted the LAPD for comment but no one familiar with these operations was available this weekend.

Uber was also contacted but didn't respond in time for this report.


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## LA Cabbie (Nov 4, 2014)

This is uber's fault for not properly educating their drivers. One of the first things they taught us in cab (one day) school that city of Los Angeles cabs can't pickup in cities like Burbank or West Hollywood unless we have permits for them. Otherwise we get arrested.

Like the article says uber drivers are technically bandit cabs and are prohibited from picking up flags.

If I was these arrested uber drivers and uber never mentioned the illegality of picking up street hails, then uber should be responsible.


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## ATX 22 (Jun 17, 2015)

Problem 1 for the driver. Doors weren't locked.
If the woman flagged him down, and he thought it was a person in trouble, it looks like entrapment to me.
Of course, if she actually had and knew how to use the app, sje wouldn't have been flagging down the driver. If she street hailed him and then made the ride request, there would be a record of the request. Doesn't law enforcement have better things to do?


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## LA Cabbie (Nov 4, 2014)

1) every now and then cops like to "F" around. Glad they do it with uber and not me 

2) any competent lawyer can get this thrown out. But let's be realistic, the cost of a lawyer would be more than the issues they have already entailed.

Live and learn.


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## LAuberX (Jun 3, 2014)

NEVER approach a stranger with doors unlocked.

Crack passenger side window 1/2 way max and talk it out.... ALWAYS a scam when you are waved down... or a reality TV show !


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## riChElwAy (Jan 13, 2015)

LA Cabbie said:


> http://losangeles.cbslocal.com/2015...-in-lapd-sting-call-their-arrests-entrapment/
> 
> *Only On 2: Uber Drivers Nabbed In LAPD Sting Call Their Arrests Entrapment*
> Share this:
> ...


is Uber paying their fines and impound fees


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## riChElwAy (Jan 13, 2015)

LA Cabbie said:


> If I was these arrested uber drivers and uber never mentioned the illegality of picking up street hails, then uber should be responsible.


yet another current issue being questioned in NYC is the street hail .. the definition of a street hail .. an argument being made is that somebody standing on the curb throwing their hand up in the air at a taxi is indeed the same thing as somebody simply holding their iPhone and pressing REQUEST RIDE .. same thing call it an iHail e-Hail uHaul airBnB whatever .. one article is saying that if the iPhone hail is deemed the same thing as a street hail then Uber is finished in NYC


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## riChElwAy (Jan 13, 2015)

Uber never was and still is not "pre-arranged"

every single ride from Uber is ON DEMAND and not one single ride has been "pre-arranged"

pre-arranged means you have a waybill stating pickup location/drop-off location/total charges .. the whole ride is entirely mapped out beforehand, this is pre-arranged

On-Demand is call now and just pick me up and we go from there

CPUC regulations state "pre-arranged only" for TNC's and Uber is still not in compliance with this, as everything to date has been ON DEMAND (i.e. same thing as a taxi service)


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## riChElwAy (Jan 13, 2015)




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## LADriver (Aug 28, 2014)

LA Cabbie said:


> http://losangeles.cbslocal.com/2015...-in-lapd-sting-call-their-arrests-entrapment/
> 
> *Only On 2: Uber Drivers Nabbed In LAPD Sting Call Their Arrests Entrapment*
> Share this:
> ...


The Los Angeles Department of Transportation is not the Los Angeles Police Department. But, they act like they are. I believe I've posted my similar experience with LADOT on this forum. Otherwise, I'd like to repeat what happened to me as a limo driver in Hollywood.

I approached a now demolished car wash on Highland just south of Sunset Blvd where many limo drivers would wash their cars on a daily basis. The LADOT knew this was a limo driver rich environment long before UBER came around (2008). So, they decided to set up their sting on this block.

As I drove my 6-passenger stretch limo to the wash just after noon, I saw this highly excited, profusely sweating man, furiously waving his arms and hands at me. I noticed that he was standing next to a car that was being towed, (supposedly). Thinking that he was in some kind of distress (the entrapment part) , I pulled over and asked what he wanted. He excitedly said like the ****in' actor that he was, "I have to get to La Brea and Wilshire! Can you help me!"

I had just gotten paid and had $200 in my pocket. I didn't need any chump change. I shrugged my shoulders and said, "O.K., $20." Considering that he appeared to be in a real bad spot and needed help. Well, this WHITE MALE, by the way, says, "O.K. O.K." And proceeds to get into the back of my limo.

As soon as he gets in, he flashes an LADOT badge through the limo divider window. And, as I turn to look in my side door mirror, another officer flashes an LADOT badge in my mirror. Great, these guys are out fishing for careless limo drivers who just happen to be going to wash their cars.

The officer ask me to exit the vehicle. They don't arrest me with handcuffs or a pat-down. One of the officers gets into my company owed limo and drives it into the Sizzler parking lot. As he walks with me, he asked, "How long have you been driving limos?" I tell him, "15 years." He says, "Don't feel bad, We've gotten 6 limo drivers today." He proceeds to write up a citation and releases the car to me. I immediately go to my office 5 blocks away and turn it in to my manager. He tells me, "You can be fired for this. But, were not going to tell the owner right now." I tell him, "O.K. fine. whatever you want to do."

Long story short, I show up to court 30 days later and they don't have the citation. The LADOT officer never turned it in, probably because he felt sorry for having ENTRAPPED a 15 year limo veteran that never had any other kind of incident on his record.

Do not stop for any passengers waving at you unless you have a live UBER order. And be safety conscious at all times. Keep your passenger window 1/2 way down at all times so no one can stick their head or arms inside. Be sure to confirm the passengers name before they get into your car. So, keep your doors locked, even if it's the correct passenger. It's easier to deal with a drunk/rude/idiot UBER passenger when they are OUTSIDE of your car.

Hope all is well, from LA-LA LAND.


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## Demon (Dec 6, 2014)

LA Cabbie said:


> 1) every now and then cops like to "F" around. Glad they do it with uber and not me
> 
> 2) any competent lawyer can get this thrown out. But let's be realistic, the cost of a lawyer would be more than the issues they have already entailed.
> 
> Live and learn.


On what grounds?


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## bscott (Dec 4, 2014)

I'd have a big steaming pile of bird shit on my window before I'd display that corrupt U


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## Oscar Levant (Aug 15, 2014)

LADriver said:


> The Los Angeles Department of Transportation is not the Los Angeles Police Department. But, they act like they are. I believe I've posted my similar experience with LADOT on this forum. Otherwise, I'd like to repeat what happened to me as a limo driver in Hollywood.
> 
> I approached a now demolished car wash on Highland just south of Sunset Blvd where many limo drivers would wash their cars on a daily basis. The LADOT knew this was a limo driver rich environment long before UBER came around (2008). So, they decided to set up their sting on this block.
> 
> ...


I've had walk-ups many times while sitting downtown San Diego I turned them all away. I was a taxi driver 10 years I know very well walk ups or hails could be shills , not taking any chances


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## Oc_DriverX (Apr 29, 2014)

riChElwAy said:


> Uber never was and still is not "pre-arranged"
> 
> every single ride from Uber is ON DEMAND and not one single ride has been "pre-arranged"
> 
> ...


I once emailed the CPUC about the fact that Uber had incomplete waybills. I never heard a word from the CPUC.

I do think that what the LAPD does in these stings does border on entrapment. In these cases the officer is the one suggesting the illegal act. Its too bad those drivers had not been followers of this forum. They would have seen the stories from the past. It seems like quite a few of these stings occur around L.A. Live and the Staples Center.


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## Bart McCoy (Nov 4, 2014)

claiming entrapment is a load of crock
if the person got in their car AND offered to give them money and they didnt say get out immediately then its on them
they should NEVER have even pulled over knowing they should only be pulling over if and only if they have a trip active on their phone. And at that point they should ONLY be verifying by name if that pax is their rider.

The article doesnt say anything about the person getting in asking for money, so either these guys are lying or they are leaving somethign out. If the undercover just hopped in and wanted a ride that's LEGAL. It would only be illegal if the cop hopped in AND suggested cash(or any type of paid ride) for the trip


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## JaredJ (Aug 7, 2015)

I never pull over if someone is waving me down. 13 million people in L.A.C. Bother someone else. Uber has sent a bunch of Driver emails out over the past year instructing drivers to ignore curbside hails.


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## Tequila Jake (Jan 28, 2016)

There seems to be a lot missing from the article. No mention of the drivers mentioning a fee. It sounds like the rider got in the car without an invitation. There's nothing illegal about giving someone a ride, especially if you think they need assistance -- until payment is solicited.

Does California have laws against picking up hitchhikers or other people you don't know?


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## uberdriverfornow (Jan 10, 2016)

There is conflicting information. It first says the lady asked them if she could order a ride through the app right then and there. That in itself is completely legal. It then says she jumps in and asks for a ride. That would be illegal, provided she is offering for payment outside of the app.

However, hitchhiking itself is legal as long as it's not solicited in a public roadway.

http://www.bestattorney.com/california-motor-vehicle-code/hitchhiking-21957.html


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