Entrapment as a Defense in Drug Cases

Drug arrests often occur when a person is allegedly caught trying to purchase drugs from another party. In some cases, the party selling the drugs is an undercover law enforcement officer, and a drug crimes arrest quickly ensues. If you were arrested and have been charged with a drug offense after making a purchase from an undercover member of law enforcement, you may be wondering if you can use the defense of entrapment. In some drug cases, especially those involving drug buys, entrapment can be a complete defense. Our Indianapolis drug crime defense attorneys can provide you with more information about the defense of entrapment, and what you will need to prove in order to be able to use this defense in your case.

What is Entrapment? 

In order to understand when entrapment may be applicable to a drug crime defense, it is important to know what the legal definition of this term is. In short, entrapment refers to a practice in which a law enforcement officer convinces a person to commit a crime and then uses the fact of the crime to arrest the person who committed it. The possibility of an entrapment defense arises in cases with an undercover law enforcement officer who sells drugs or is part of a drug buy.

According to the US Department of Justice, “entrapment is a complete defense to a criminal charge, on the theory that Government agents may not originate a criminal design, implant in an innocent person’s mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute.”

Elements of an Entrapment Defense 

Under Indiana Code Section 35-41-3-9, the following are the statutory elements of an entrapment defense:

• 1) The prohibited conduct of the person was the product of a law enforcement officer, or his agent, using persuasion or other means likely to cause the person to engage in the conduct; and
• 2) The person was not predisposed to commit the offense.

State law makes clear that “conduct merely affording a person an opportunity to commit the offense does not constitute entrapment.” In other words, if you want to use this defense, in addition to proving that the law enforcement officer (such as an undercover police officer) induced you to commit the drug crime, you must also prove that you would not have been predisposed to commit the crime if the law enforcement officer had not come into the situation and induced you to commit the crime. Not being “predisposed” is essential to this defense, and it is often what limits the use of the entrapment defense in cases involving drug crimes.

To be clear, entrapment is not a defense strategy used to argue that you did not commit the drug crime. Rather, entrapment is a defense strategy in which the defendant admits they have committed the criminal act in raising the defense but argues that they were induced to commit the offense by the law enforcement officer involved.

Contact an Indianapolis Drug Defense Attorney Today 

If you are facing drug charges and have questions about entrapment or another possible defense, you should get in touch with an experienced Indianapolis drug crimes defense lawyer at Rigney Law LLC as soon as possible. We can assess your case and help you to begin building a strong defense strategy based on the circumstances surrounding your arrest. Contact us for more information.

Sources:

law.justia.com/codes/indiana/title-35/article-41/chapter-3/section-35-41-3-9/

justice.gov/archives/jm/criminal-resource-manual-645-entrapment-elements