Entrapment is the process by which law enforcement agents convince an otherwise innocent person to commit a crime. These agents then turn around and arrest the person for the criminal activity. When that person’s case goes to court, they may use entrapment as a defense.
Essentially, the person claims that they never would have broken the law at all if it were not for officers manipulating them or convincing them to do so. The goal for law enforcement officers is to arrest people who are engaging in criminal activity on their own, not to coerce people into that activity just to make an arrest. That is why entrapment can be used as a defense to seek to have the charges dropped.
Inducing the criminal act
People sometimes claim that this means the actions of an undercover police officer should qualify as entrapment. But it is important to remember that inducing the criminal act is an important part of an entrapment defense.
For instance, if a police officer finds someone who has not been selling drugs, gives them access to illegal substances and convinces them to sell those substances so that they can both make a substantial amount of money, it could be an example of entrapment. The officer induced the illegal activity.
But if a police officer finds someone who is already selling drugs illegally and simply asks to make a purchase, that is not necessarily entrapment. Undercover officers will often engage with people who are suspected of criminal activity as a means of gathering direct evidence that the person is breaking the law.
Your legal defense options
If you are facing drug charges, it is important to consider how officers interacted with you during and before the arrest. This can help you identify some of your criminal defense options.
