What constitutes entrapment?

Question Details:A confidential informant called me several times for me to go and sell him a CD's. I told him every time no. He kept on calling me throughout the day and I kept telling him no. He then called me up 1 last time and I finally went. Needless to say it was a set up with a law enforcement agent. Is that entrapment?

Asked 5 years ago under Criminal Defense | 2960 Views | More Legal Topics

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B. B., Member, New Jersey Bar | FreeAdvice Contributing Attorney Answered 5 years ago

Not a chance.  To prove the entrapment defense, you have to show that the crime is one that you would not have committed, that you had no predisposition to commit, without the inducement of an undercover cop or informant acting with them.  If you had never used CDS, and could prove that, and bought it only after multiple calls to get you to try the stuff, that's entrapment.  In your case, you had the CDS, and you had it in enough quantity to sell, and you had the intent to distribute.  The fact that the C.I. tricked you into assuming you wouldn't get busted doesn't make it entrapment.

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