The man tells the undercover officer that he only uses and does not get involved in drug trafficking. The undercover officer approaches the man every other day for over a week, buys him meals, and tries to talk him into the deal. The man refuses again and again but is finally worn down with offers of the money plus an ounce of the drug and a hotel room for a week -- all of this on a day when he is out of drugs and desperate to get high.
Here is an example of police activity that is not entrapment. A police agency sets up a sting operation, putting undercover police officers on the street who pose as prostitutes to catch individuals who use prostitutes. A man goes to an area where street prostitutes are known to be available and one of the undercover officers approaches him as he is walking by, asking if he wants a date.
The man says yes, he and the undercover officer agree to a deal and go to an alley, where the man is arrested. This is not entrapment because, as soon as the officer posing as a prostitute asked if the man wanted a date and began discussing price, the man said yes and agreed on a price, indicating he was ready and willing to hire a prostitute.
The officer also did nothing to persuade or induce the man to hire a prostitute. In this scenario, even if the undercover police officer had acted inappropriately in trying to entice the man to pay for the prostitute's services, it could be difficult for the defendant to prove entrapment if he has prior convictions for soliciting prostitutes and the prosecutor has evidence that shows the man was in the area looking to hook up with a prostitute.
If you are charged with a crime, contact an attorney immediately. If you think you might have an entrapment defense or any other defense, you'll need a competent attorney who understands the law regarding such defenses. It also is in your best interest to be represented by an attorney in every phase of a criminal case. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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The following Corporate Crime practice note provides comprehensive and up to date legal information covering: Entrapment Propriety of the investigation giving rise to allegations of entrapment The application of R v Looseley Entrapment by a private individual Entrapment There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a person into committing illegal acts and then seek to prosecute him for doing so.
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