Question

While working an undercover detail in a neighborhood known for drug activity, you notice a vehicle stopped at the intersection waiting for the light to change. The man in the vehicle makes eye contact with you. You approach his vehicle and begin carrying on a conversation with him. You ask him if he needs anything, and he responds by asking you, “What do you have?” You ask him what he is looking for, and he tells you he is looking to score. You show him a small bag containing a white powdery substance; he asks how much, and you respond, "20 dollars." He hands you a $20 bill, and you give him the bag and tip your hat to signal that the transaction was completed. At this time, the man drives off and is stopped a block away by a marked unit. The individual is placed under arrest for drug possession and purchasing drugs, and he is taken to jail.

The individual is charged with possession of a controlled substance. At his trial, he claimed that he was a victim of entrapment by the police. He was found guilty and sentenced to serve 5 years in jail and given credit for the 3 months he already had served in jail.

Do you feel that the entrapment defense is a valid one, considering the assignment scenario? Why or why not? Defend your answer

Answer 1

The Entrapment defense is valid in this scenario, as the undercover agent didn't persuade or coerce the man to buy the drug. He at his own consent purchased the powdery substance from the undercover agent. While approaching the man and having conversations with him the agent was not involved in any improper action that coerced the man to purchase the drug. The man came there looking for a score (drugs), this makes his intention clear that he was there to buy drugs.