Is it entrapment when the police have a confidential informemant gets you to obtain drugs, if you wouldn’t have gotten them if he never asked you to?

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Is it entrapment when the police have a confidential informemant gets you to obtain drugs, if you wouldn’t have gotten them if he never asked you to?

Asked on September 26, 2012 under Criminal Law, Pennsylvania

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The Supreme Court and virutually every court have upheld the use of confidential informants to apprehend persons accused of dealing drugs.  You can raise an entrapment defense, but you do have to show that you would not have engaged in this type of activity, but for, the police's involvement.  Once you do this, you could open the door to other transactions coming in (that you may or may not be aware of).  Before you go this route, make sure that you visit with a criminal defense attorney-- because entrapment frequently backfires as a defense.


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