Understanding Entrapment as a Legal Defense in Florida
Introduction
Entrapment is a legal defense that can be used when law enforcement officers persuade or induce a person to commit a crime they otherwise would not have committed. While police are allowed to conduct sting operations, they are not allowed to coerce or pressure someone into committing an offense. If entrapment can be proven, it may lead to the dismissal of criminal charges.
This guide explains how entrapment works under Florida law, the types of entrapment defenses, and how an attorney can help if you believe you were unlawfully induced into committing a crime.
What Is Entrapment?
Entrapment occurs when law enforcement officials, undercover officers, or confidential informants convince an individual to commit a crime that they would not have otherwise committed. Florida law recognizes entrapment as a valid defense in criminal cases when the government’s involvement crosses the line from investigation to coercion.
To successfully claim entrapment, a defendant must show that:
- The idea to commit the crime originated with law enforcement or a government agent.
- The defendant was not predisposed to commit the crime before law enforcement involvement.
- Law enforcement used persuasion, threats, fraud, or harassment to induce the criminal act.
If the defendant can prove entrapment, the charges may be dropped, or the case may be dismissed.
Types of Entrapment in Florida
Florida law recognizes two main types of entrapment defenses: subjective entrapment and objective entrapment.
Subjective Entrapment
Subjective entrapment focuses on whether the defendant was predisposed to commit the crime before law enforcement became involved. The court will examine the defendant’s:
- Criminal history
- Previous involvement in similar offenses
- Initial reaction to law enforcement’s proposal
- Personal background and character
If the prosecution can show that the defendant was already inclined to commit the crime, the entrapment defense may not succeed.
Objective Entrapment
Objective entrapment examines whether law enforcement’s actions were so egregious that they violated due process rights, regardless of the defendant’s predisposition. This defense is used when police conduct is deemed excessively coercive or deceptive.
For example, if an undercover officer continuously harassed a suspect over an extended period, pressured them into committing a crime, or threatened them, it may constitute objective entrapment.
Examples of Entrapment
Entrapment most commonly arises in sting operations, where law enforcement officers target potential offenders in an attempt to catch them committing a crime. Some examples include:
- An undercover officer repeatedly pressuring someone to buy or sell drugs when they initially refused.
- A law enforcement informant using threats or intimidation to get someone to commit fraud.
- A police officer posing as a minor online and aggressively initiating sexually explicit conversations that lead to an arrest for an internet crime.
- An undercover agent coercing a person into participating in an illegal gambling operation when they had no prior involvement.
If the defendant was manipulated, threatened, or harassed into committing an offense, entrapment may be a valid defense.
What Is Not Considered Entrapment?
It is important to understand that entrapment is not a valid defense if law enforcement simply provided an opportunity for a person to commit a crime. If an individual was already willing and ready to commit the offense, they cannot claim entrapment.
Some situations that do not qualify as entrapment include:
- An undercover officer posing as a drug dealer and offering drugs for sale, if the suspect willingly makes a purchase.
- A police sting operation catching individuals soliciting prostitution.
- A law enforcement officer offering to buy stolen goods from someone who is already selling them.
In these cases, the defendant’s predisposition to commit the crime would likely prevent an entrapment defense from succeeding.
Proving Entrapment in Court
To successfully argue entrapment, the defense must provide evidence that law enforcement’s actions went beyond standard investigative techniques and into coercion. This may involve:
- Testimony from the defendant and witnesses who observed the law enforcement interaction.
- Communications such as text messages, emails, or recorded conversations showing pressure or threats.
- Evidence that the defendant repeatedly refused or hesitated before being coerced into committing the crime.
The prosecution will attempt to show that the defendant was already predisposed to commit the offense, which is why having an experienced criminal defense attorney is essential in these cases.
How a Criminal Defense Attorney Can Help
A successful entrapment defense requires thorough investigation and strategic legal arguments. A defense attorney can:
- Gather evidence of law enforcement misconduct.
- Challenge the prosecution’s claims that the defendant was predisposed to commit the crime.
- File motions to dismiss charges based on constitutional violations.
- Cross-examine undercover officers and confidential informants to expose coercive tactics.
If you believe you were entrapped into committing a crime, consulting with a skilled attorney can make a significant difference in your case. At Bonderud Law, we aggressively defend clients against wrongful charges and unconstitutional law enforcement tactics. Contact us today for a consultation.
Conclusion
Entrapment is a complex legal defense that requires proving that law enforcement’s actions crossed the line into coercion. While police are allowed to conduct sting operations, they cannot induce someone to commit a crime they would not have otherwise committed.
If you or a loved one has been charged with a crime and believe entrapment played a role, seeking legal representation as soon as possible is crucial. A strong defense may lead to reduced charges or even a complete dismissal of your case.
