Criminal Law Questions? Ask a Criminal Lawyer.
Hello. Please give me a minute to type out an answer for you.
This issue is a complicated one. Entrapment is a defense to criminal charges when it is established that the agent or official originated the idea of the crime and induced the accused to engage in it. It is generally a very difficult defense to any crime. The police who trapped you or your friend will most likely, at least in my experience, have a very difficult time proving that it was entrapment.
The fact that he was charged 2 months later makes no difference. Two months falls within any statute of limitations that may apply. The question in your case is no so much whether what the cop did is a legal way of how the police may enforce the law, but whether the individual police was in the right. From the information you have provided it seems like the police was merely operating on what's commonly known as a buy-bust.
In which case the police did not violate any rules. But depending on the certain circumstances there may exist other fourth amendment violations.
Let me expand, generally, an officer cannot use chicanery or to lure a person to commit a crime the person is not previously willing to commit. However, police are allowed to use deception. So if the person was already a known seller of drugs, then the defense of entrapment will not work.
Please let me know if I can provide any further clarification to your question or help you any further. And please do not forget to rate my services.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).