Isn't it entrapment if...?

Question

I know that if someone sells drugs to an undercover cop, they are busted pure and simple. But I recently heard of someone who was busted for trying to buy drugs from a narc.Isn't it entrapment if a cop offers to sell crack to someone? David Lee Roth was busted in Washington Square Park some years ago for trying to buy weed. It wasn't that he was spotted buying it by a cop but the cops were doing the selling. How could they do that? I'm not condoning drug use, but this doesn't seem ethical. Explain?

I have seen those episodes of COPS. That too should be entrapment. If these acts are NOT entrapment, then what is? It seems as though there is no such thing anymore and that the cops can do as they please. Any defense lawyers out there who can shed light?

OK but what if the john says "Are you a cop " and the "hooker" says no?

Answer 1

It could be entrapment if one offers to sell someone cocaine, or whatever, and the person had no intention or plan to buy the cocaine before the offer was made. I think it needs to be more than an offer....needs to be more like persuasion or inducement. Here is the jury instruction in Oklahoma on entrapment:

Where a person has no previous intent or purpose to violate the law, but is induced or persuaded by law enforcement officers to commit a crime, he/she is entitled to the defense of entrapment, because the law as a matter of policy forbids a conviction in such a case.

On the other hand, where a person already has the readiness and willingness to break the law, the mere fact that a police officer provides what appears to be a favorable opportunity is no defense.

If you should find from the evidence that, before anything at all occurred respecting the alleged offense involved in this case, the defendant was ready and willing to commit a crime such as that charged in the information whenever opportunity was offered and the police merely offered the opportunity, the defendant is not entitled to the defense of entrapment.

If, on the other hand, you should find that the defendant had no previous intent or purpose to commit any offense of the character here charged, and did so only because he/she was induced or persuaded by some agent of the police, then the government has seduced an innocent person, and the defense of entrapment is a good defense.

Answer 2

Its only entrapment if the actions of the police led an individual into criminal activity that they otherwise would not be involved in.

Thus, if I'm working u/c in a "open air drugs market: and I look and act like a dealer, and David Lee Roth comes up to me and tries to buy smack, its not entrapment. If I approach DLR and initiate the contact then its entrapment. See the difference.

Answer 3

Basically, if the cops are just sitting around looking like drug dealers but not offering to sell anything and the guy asks for some product and offers money, he is busted.

If the cops say, "Hey, you wanna buy some weed?" that's entrapment.

Same with vice cops doing prostitution stings. They can stand around on street corners with hookers and wear slutty clothing all they want, and if a guy pulls up and offers a hundred bucks for a quickie in his car in the alley, he's soliciting a prostitute. If the cop approaches the car and asks for money for a service, that's entrapment.

Answer 4

TO ANSWER YOUR QUESTION, WHAT IS ENTRAPMENT. WE NEED TO DEFINE ENTRAPMENT.

ENTRAPMENT: WHEN THE CRIMINAL DESIGN ORIGINATES WITH THE OFFICIALS OF THE GOVERNMENT, AND THEY IMPLANT IN THE MIND OF AN INNOCENT PERSON THE DISPOSITION TO COMMIT THE ALLEGED OFFENSE AND INDUCE ITS COMMISSION IN ORDER THAT THEY MAY PROSECUTE, THIS IS ENTRAPMENT. SORRELS V US 287 US 435 (1932)

THE USE OF UNDERCOVER POLICE OFFICERS OR OTHER SECRET GOVERNMENT AGENTS TO DETECT CRIME OR TO TEMPT PEOPLE INTO COMMITTING CRIME EVOKES WIDELY VARYING RESPONSES. MOREOVER THE LABEL "ENTRAPMENT" IS OFTEN AFFIXED TO POLICE CONDUCT THAT IS NOT ENTRAPMENT AT ALL.

THE COURTS HAVE DEFINED THAT TERM. (ABOVE)
BUT "ENCOURAGEMENT"--A POLICE TECHNIQUE WHEREBY AN OFFICER USED OR LAW ENFORCEMENT AGENT ACT AS A WILLING VICTIM, INTENDS BY HIS ACTION TO ENCOURAGE THE SUSPECT(A TARGET) TO COMMIT A CRIME, COMMUNICATES THIS ENCOURAGEMENT TO THE SUSPECT, AND THEREBY INFLUENCES THE COMMISSION OF A CRIME.

THE DIFFERENCE IS THAT ENCOURAGEMENT IS COMMITTED PRIVATELY WITH A WILLING VICTIM.

THE POINT HINGES AROUND THE MERE OFFER TO BUY OR SELL. THIS IN AND OF ITSELF, CREATES NO LIABILITY IN THE ACT.
THE ACTUAL ACT OF BUYING FROM THE AGENT OR SELLING TO THE AGENT CONSTITUTES THE OFFENSE.

IF YOU WERE AN "INNOCENT" PERSON, YOU WOULD HAVE WALKED AWAY.

Answer 5

If your friend brings an under cover cop to you and asks you to get him something...you say no.....they come back the nexy day, and ask you again, beg you, and then you get it.....thats entrapment....you have to say no, the first time, then basically be talked into going.........not sure how they get away with that on cops.........

Answer 6

It is legal.. have you not seen those old episode of COPS where they dress the women cops up and then solicit sex? Then the men cops jump out and arrest the guys that are trying to offer the women money? My advice is "Just Say No!" or know your dealer!

Answer 7

We have allowed cops to determine the quality of our lives, rather than to protect our quality of life. Cops are just criminals with permits to carry. I see law enforcement break the law all the time. Cops drive without their seat belts on, speed, drive in the rain without their headlights on, smoke pot, buy coke, definitely drink at the bar and then drive home.
It's a joke if you think police have anything to do with right and wrong or laws!!
America will be a police state someday...if we don't start standing up for our civil rights.

Answer 8

No it isn't entrapment.

Answer 9

Nope. It's good police work.