While working an undercover detail in a neighborhood known for drug activity, you notice a vehicle stopped at the intersection waiting for the light to change. The man in the vehicle makes eye contact with you. You approach his vehicle and begin carrying on a conversation with him. You ask him if he needs anything, and he responds by asking, “What do you have?†You ask him what he is looking for, and he tells you that he is looking to score. You show him a small bag containing a white powdery substance; he asks how much, and you respond, “20 dollars.†He hands you a $20-bill, and you give him the bag and tip your hat to signal that the transaction was completed. At this time, the man drives off and is stopped a block away by a marked unit. The individual is placed under arrest for drug possession and purchasing drugs, and he is taken to jail.
The individual is charged with possession of a controlled substance. At his trial, he claimed that he was a victim of entrapment by the police. His claim of entrapment failed. He was found guilty and sentenced to serve 5 years in jail.
In a 3-5 page paper (not including the cover and reference pages), address the following:
Research and summarize Supreme Court decisions that specifically address entrapment.
Suggested cases for review:
Read about the Hampton case.
Read about the Jacobsen case.
Summarize both cases in paragraph form. Include the following in your analysis of each case:
Did you have probable cause to approach the defendant while he was parked at the traffic light? Why or why not? Defend your answer.
Was the entrapment defense valid in this case? Why or why not? Defend your answer.
Is providing the opportunity for someone to commit a crime the same as entrapment? Why or why not?
Sample Solution