Many people use the word “entrapment” to describe any situation in which an undercover police officer or confidential informant participates in a criminal investigation. Legally, however, entrapment has a much more specific meaning. Simply being caught during a sting operation does not automatically mean that a person was entrapped.
Entrapment generally refers to a situation in which law enforcement induces or persuades someone to commit a crime that they otherwise would not have committed. The focus is often on whether the criminal intent originated with the government rather than with the accused. Officers are permitted to investigate crimes and provide opportunities for individuals to break the law, but there are legal limits on how far they can go.
For example, undercover officers may pose as buyers or sellers during drug investigations or participate in online investigations involving financial crimes or solicitation offenses. These tactics are not, by themselves, unlawful. The legal question is whether government agents merely presented an opportunity to commit a crime or improperly pressured, coerced or manipulated someone into committing an offense they were not otherwise predisposed to commit.
Entrapment as a defense strategy
Entrapment can be a complex legal defense, and it is not available in every case. A defendant’s prior conduct, communications with law enforcement, the nature of the government’s involvement and whether repeated persuasion or extraordinary pressure was used generally influence the availability of this particular strategy.
Because these cases frequently involve undercover operations, the evidence may include recorded conversations, text messages, emails, surveillance footage and testimony from law enforcement officers or confidential informants. Carefully reviewing this evidence is essential when evaluating whether an entrapment defense may apply.
If you have been arrested after an undercover investigation or sting operation, do not assume the facts are as straightforward as they appear. A skilled legal team can analyze the government’s conduct, identify potential constitutional and legal issues and determine whether entrapment or another defense may be appropriate.