Is it Entrapment When Law Enforcement Goes Undercover?

Entrapment is an affirmative defense that can be used in certain criminal cases. However, this defense is shrouded in myths and misconceptions, largely due to people basing their understanding on what they have seen in movies and television shows. When investigators and law enforcement officers go undercover, it does not necessarily constitute entrapment. The Indiana Code outlines specific elements of this defense that you must prove. Our criminal defense lawyer in Indianapolis explains in greater detail below.

Elements to Prove When Using the Defense of Entrapment

Many people believe that entrapment occurs when a law enforcement officer tricks someone into committing a crime, such as when they go undercover. Law enforcement officers will often go undercover and wear plainclothes in order to do this. The simple act of going undercover, though, does not necessarily constitute entrapment. Under the Indiana Code, you must prove two important elements of your case. These include:

• The officer used persuasive measures to encourage the alleged offender to commit an illegal act, and
• The offender would not have committed the alleged crime without persuasion from the officer.

The Indiana Code specifically states that conduct that simply gives someone the opportunity to commit a crime does not on its own constitute entrapment. This is a very important distinction. For example, an undercover officer may offer to purchase drugs from a suspected trafficker. If the individual sells the officer drugs, the entrapment defense does not apply because the suspected seller was not persuaded into committing the crime.

Other Defenses that May Apply

If the affirmative defense of entrapment is not applicable in your case, it does not mean that the situation is hopeless. There may still be other defenses available, including the following:

• Any violation of your Constitutional rights, such as illegally searching you or your property or failing to read you the Miranda warning
• Police misconduct, which may involve planting evidence of a crime on you or your property
• A confirmed alibi showing that you were not at the location of the crime at the time of the offense
• Mistaken identity

A criminal defense lawyer in Indianapolis can review the facts of your case, determine which defenses may apply, and build the strong case you need to fight the charges.

Call Our Criminal Defense Lawyers in Indianapolis for Help Today

If you are facing charges after an incident involving an undercover police officer, it is critical that you speak to an Indianapolis criminal defense lawyer who can advise you of your legal options and the possible defenses available. At Rigney Law, LLC, our experienced attorneys are committed to helping individuals obtain the best outcome possible in their cases and we will put our expertise to work for you, too. Call us now at 317-623-0989 or contact us online to request a free consultation with one of our experienced attorneys and to learn more about how we can help.

Source:

law.justia.com/codes/indiana/title-35/article-41/chapter-3/section-35-41-3-9/