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4.1. Entrapment

Entrapment occurs when a police officer engages in conduct that would cause a normally law-abiding person to commit a crime.45 It requires something more, however, than simply giving someone an opportunity to commit a crime.46

Depending on the circumstances, behaviors that might constitute entrapment include:

Badgering,

Flattery or coaxing,

Repeated and insistent requests,

An appeal to friendship or sympathy,

A guarantee that an act is not illegal or that it will go undetected,

An offer of an extraordinary benefit, or Other similar conduct.

47 The use of “decoy” officers

The entrapment defense often arises when the defendant is busted in an undercover sting operation.

In a typical sting, a "decoy” officer poses as a prostitute or a potential customer. The decoy then tries to entice the suspect into making an offer for an act of prostitution.

Unfortunately, many of these decoy cops cross the line into police entrapment. They lure otherwise-law-abiding citizens with unfair flattery, promises or enticements.

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