In order  to assert an entrapment defense in a controlled buy case, a defendant must show by a fair preponderance of the evidence that the government induced the commission of the crime. Inducement by the government requires more than  merely providing a person with an opportunity to sell drugs. Soliciting a person to commit a crime in not government entrapment. Inducement by the government to commit a crime can be proven by presenting evidence at trial that the government persuaded, badgered, or pressured a defendant to commit a drug crime. If a defendant is able to raise the entrapment defense by showing  the government induced the commission of the  crime, the burden of proof  shifts to the state to show  beyond a reasonable doubt that the defendant was already predisposed to commit the crime. The state may not be able to meet this higher burden of proof.

For example, if a defendant is approached at a bar and asked by a confidential informant  where he can buy  cocaine, and the defendant responds, “I can sell you some,” there is no entrapment. The defendant was not badgered, pressured, or persuaded by the confidential informant to sell  cocaine.  On the other hand, if the defense can show evidence of repeated phone calls by the confidential informant that involve badgering  and pressure tactics,  or an offer to buy cocaine at grossly inflated price from a person who has no history of selling drugs, the use of the entrapment defense could result in a not guilty  verdict.

If you, or someone you know, has been the victim of police entrapment involving the sale of drugs, call criminal defense attorney Robert J. Shane for a free phone consultation and the “Best Defense” at (612) 339-1024.