LAW: Entrapment occurs when police or informants use tactics that would convince an otherwise law-abiding person to commit a crime. A defendant is not guilty of any offense if the defendant’s intent to commit the crime was created by the police or their informant. Under Federal law showing that the defendant had a prior propensity to commit the crime can defeat a claim of entrapment.
OFFERING AN OPPORTUNITY TO COMMIT A CRIME IS NOT ENTRAPMENT!
Undercover police or their agents (informants) may provide the opportunity for the crime to be committed. For example one might ask, “Hey, anyone here want to sell me some herb?” That is NOT considered entrapment, but offering a mere opportunity.
Note from Bruce: COPS CAN LEGALLY LIE! Undercover narcotics officers and their informants do not have to tell the truth about their role in undercover operations. Asking directly, “Are you a cop?” does not help.