Sometimes, the police step beyond the boundaries of the law in their urge to catch criminals. They engage in behavior that induces someone who hasn’t broken the law into breaking it. This is called police entrapment, and it’s against the law.
Our Los Angeles criminal defense lawyers at Simmrin Law Group can recognize it when it happens and explain it to the court. If we can prove entrapment, then the court may drop the case. Any evidence of your crime gained by entrapment would become poisoned by the actions of the police.
However, not all actions that seem like coercion fall into entrapment. To help you understand what police entrapment is, let’s go through three examples of police entrapment.
Entrapment Example 1: Drug Crimes
Bill lives in the Los Angeles area. He’s married with two kids and has a steady job in the hospitality industry. Bill has been sober for three years after getting treatment for a cocaine addiction.
An undercover police officer recognizes Bill from the past and wants to try to arrest him. The officer, named Jill, begins regularly approaching Bill, asking him to sell her cocaine. Bill refuses, but Jill visits him at work and calls him at home multiple times, aggressively demanding cocaine.
Jill’s behavior makes Bill worried that he’ll lose his job or his family will be threatened. Bill tells Jill he will get cocaine for her in exchange for leaving him and his family alone. However, once he gets the cocaine and gets it to Jill, she arrests him for drug charges under HSC 11351.
How the Example Shows Entrapment
Jill repeatedly and forcefully pressured Bill into selling her cocaine, which is a crime. She contacted him over multiple days and used multiple methods of communication. In the end, she caused Bill to fear for his job and family and coerced him to commit a crime on her behalf.
The arrest would have been justified if Bill had immediately agreed to Jill’s request for cocaine and sold it to her. What makes this entrapment is the repeated pressure over time by Jill to get Bill to give in to her demand and Bill’s reluctance to commit the act.
Entrapment Example 2: Prostitution
Phillip, who works long hours as a doctor, decides to go out for a walk after his shift. Along the way, he passes Ginger, an undercover officer pretending to be a prostitute. Ginger spots him and begins to proposition him.
Phillip hasn’t had time to consider a relationship for a long time and feels stressed after working a double shift. However, he knows that accepting a solicitation from a prostitute is illegal in California and declines the offer.
Instead of giving up, Ginger follows Phillip for several blocks. She compliments him and talks about how she could help him feel better. Eventually, Phillip gives in and agrees to accept her services. At this point, Ginger arrests him for solicitation of a prostitute under PC 647.
How the Example Shows Entrapment
Phillip turned down Ginger’s offers related to sexual activity multiple times. However, she continued to follow him, eventually pressuring him into agreeing to her offer. In this case, a criminal defense lawyer from Simmrin Law Group could argue that she engaged in entrapment.
Entrapment Example 3: Child Pornography
Greg spends a lot of time on adult-only websites. Eventually, he starts talking with Hans, who is a police officer unbeknownst to Greg. They discuss their sexual fantasies, with Hans eventually coaxing Greg into an interest in individuals under the age of consent.
Hans manages to convince Greg that buying pornography featuring individuals under 18 from another country is not against the law. Greg believes his new friend, eventually, and orders some magazines. At this point, Hans orders Greg arrested for the purchase of child pornography.
How the Example Shows Entrapment
Visiting adult-only websites doesn’t imply that the viewer wants to see something illegal. Hans had to push Greg into an unhealthy interest over time, then lie about the law to get him to make an illegal purchase.
Three Types of Coercion
Entrapment happens when an officer pressures you to commit a crime that you otherwise wouldn’t have committed. These examples show three types of coercion that the police could do to entrap someone into a crime:
- Threatening someone until they give in. This is what happened in the first example.
- Pressuring someone until they give in. This is what happened in the second example.
- Making false promises or statements. This is what happened in the third example.
However, entrapment does not occur if a police officer simply gives you the chance to commit a crime. The court expects you to refuse the opportunity to commit a crime in most situations. If you lacked the predisposition to commit a crime and had to be induced, an entrapment defense may succeed.
What Actions do Not Represent Entrapment in California?
There are many actions police officers can take that may feel like entrapment, but aren’t. For instance, all of the officers in the three examples of police entrapment were working undercover. Working undercover does not induce a crime, so it is not entrapment.
It’s not entrapment for an officer to present an opportunity to take part in criminal acts. The court expects law-abiding citizens to resist ordinary temptations to violate the law. What makes entrapment different is that it’s not an ordinary temptation but a coercion by the government.
Officers are also allowed to lie as part of their duties to catch criminals. They may lie by saying they’re not a cop, or that a situation isn’t a setup to get you arrested. These, taken on their own, are not entrapment.
Prove Police Entrapment With Our Help
To win a case by affirming entrapment, the defense must prove it happened. California uses an objective standard, which means jurors only have to decide whether an officer’s actions would have induced a normal citizen to commit the crime. If they agree, you will be declared not guilty.
We’ve discussed three examples of police entrapment in California. You can learn more about entrapment and whether your situation may be considered entrapment by contacting the Simmrin Law Group. Contact us by phone or complete our online form to schedule a consultation.