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BJW
BJW, Lawyer
Category: Criminal Law
Satisfied Customers: 7
Experience:  Maryland Attorney with knowledge of criminal law including misdemeanors, felonies, traffic, and DUIs.
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If someone was in the pub drinking and was approached by an

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If someone was in the pub drinking and was approached by an under cover narcotics cop to get him some coke and he refused. Then the cop started to befriend him by buying him shooters through the evening to passed midnight till the person was fairly intoxicated then got him to take his money and go get him some coke and bring it back. Then charge the person 2 months later with trafficking of a controlled substance. Is this a legal way of our pollice force to bust people or would this be considered entrapment.

BJW :

Hello. Please give me a minute to type out an answer for you.

BJW :

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.

BJW :

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.

BJW :

In which case the police did not violate any rules. But depending on the certain circumstances there may exist other fourth amendment violations.

BJW :

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.

BJW :

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.

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