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The difference between police dishonesty and entrapment

On Behalf of | Aug 14, 2020 | Criminal Law |

In terms of drug arrests, entrapment is a common defense. The police cannot coerce or plant the idea in a person’s mind to commit any crime. Sometimes, undercover officers may create a situation where a person will buy or sell drugs. Then, the police arrest said person for the crimes committed.

When does dishonesty from the police constitute entrapment?

Can the police lie to you?

According to Cornell Law Review, the police have an advantage in the interrogation room. They have complete control of the environment and can use persuasion to their benefit. They can use threats of punishment, use lies to manipulate the defendant. It is not against any law for the police to lie to make an arrest or to build a case. Some may find that it is crucial to the case to lie or mislead the arrested person.

When is the arrest entrapment?

Entrapment, according to the United States Department of Justice, is not a solicitation to commit a crime. Officers can lie and solicit a crime to catch a person in the act. However, he or she cannot create a situation where a reasonable person would ignore the law. For instance, if a person is innocent and would never commit the crime if not for the circumstance, the cop may have entrapped him or her. Entrapment is not when a person sees the crime as an opportunity or would otherwise commit it. Often, entrapment includes an officer pleading with the defendant. He or she may use sympathy or friendship to win the person over or make promises that blind him or her to legal duties.