Proving police entrapment can serve as a strong defense for some criminal charges in California. However, lawyers cannot use this defense in all cases. Go over three examples of police entrapment to get a better idea about this illegal act. wa
If you have further questions about entrapment and your defense, reach out to our team at the Simmrin Law Group. We’re ready to answer your questions during a free consultation.
What Constitutes Entrapment in California?
Before we consider examples of police entrapment in California, it’s important to discuss how the state defines this activity. Entrapment occurs when law enforcement officers induce a law-abiding person to commit a criminal act.
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.
Entrapment occurs when law enforcement personnel:
Pressure an Individual Into Committing a Crime
Pressuring someone into a criminal act may involve appealing to a sense of compassion or friendship. Offering someone money to commit a crime also counts as pressuring them into the act.
Threaten Someone Into Committing a Crime
Threatening another person until they give in and commit a crime represents one kind of entrapment. Individuals can also harass another person into the commission of a crime.
Make False Promises
Sometimes, law enforcement officers claim that an illegal act is not against the law to entrap someone. This action represents a kind of fraud.
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What Actions Do Not Represent Entrapment in California?
Entrapment only occurs in particular circumstances. For example, police officers do not commit entrapment if they:
- Initiate a crime
- Engage in undercover work
- Present a chance to take part in criminal acts
- Provide assurances that they are not “setting up” another individual
Keep in mind that your history, character, and intent should not come into play when considering entrapment. The only things that should matter are the conduct of the police officer at the time of the entrapment.
What Are Some Examples of Entrapment?
We can now consider three examples of police entrapment in California. Next, we’ll focus on specific areas of the law to provide more in-depth information about entrapment.
Drug Crimes: An Example of Entrapment
Bill lives in the Los Angeles area. He’s married, and he has two kids. He currently has a steady job in the hospitality industry and has been sober for three years after getting treatment for a cocaine addiction.
A police officer working undercover 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. She visits him at work and calls him at home multiple times a day.
Bill becomes worried about his job or Jill harassing his family. In order to prevent this, he agrees to obtain cocaine for her if she leaves him alone. However, as soon as he gets the cocaine, Jill arrests him and charges him with possession for the purposes of sale under HSC 11351.
How the Example Shows Entrapment
Jill repeatedly and forcefully pressured Bill into committing a crime in the above example. She contacted him over multiple days and used multiple methods of communication. Eventually, she caused Bill to fear for his current life, leading him to commit a crime on her behalf.
Note that if Bill had given in and obtained cocaine to sell for Jill after a single call, it would not constitute entrapment.
Prostitution: An Example of Entrapment
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 he worked a double shift. However, he ignores Ginger for several blocks, declining to accept her offer. Nevertheless, she continues to follow him, complimenting him and talking 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 could argue that she engaged in entrapment.
Child Pornography: An Example of Entrapment
Greg spends a lot of time on adult-only websites. Eventually, he starts talking with Hans, who is actually a police officer, unbeknownst to Greg. They discuss their sexual fantasies, with Hans eventually coaxing Greg into an interest in teenagers (or 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
Hans demonstrated police entrapment with Greg by convincing Greg that he could not face criminal charges for a criminal act. Therefore, a defense attorney could help Greg face these accusations.
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How Do You Prove Entrapment as a Defense?
Now that we’ve reviewed three examples of police entrapment, we can focus on how defense lawyers address cases involving entrapment.
Note that in order to use entrapment as a defense, your lawyer has to show that the police engaged in this behavior. Lawyers can gather proof, take depositions, and work with witnesses to gather evidence that entrapment occurred.
Lawyers focus on showing that police officers threatened, coerced, or otherwise influenced you into committing a crime. They also review other options to build your defense when you reach out for legal help.
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Contact Us for More Examples of Police Entrapment
We’ve discussed three examples of police entrapment in California. You can learn more about your charges, the entrapment defense strategy, and discuss additional examples of entrapment with our team at the Simmrin Law Group. Contact us by phone or complete our online form.
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