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I'm considering selling a bit of my crop to the people in my area asking for it on craigslist. If a cop was to post an ad there, asking for someone to sell him some "420", would that be entrapment? I mean, I wouldn't commit the crime and sell to him if he didn't post the ad...
Would "NOT be entrapment" cops are allowed to lie to induce someone into an illeagal act as long as they do not pressure that person in to it. If it is deemed that the person was willing to go along willingly.
Not entrapment. You made the choice to sell him the pot...he didn't force you to commit a crime.
what if this were a personal matter: meaning, face to face..
say you refused to sell until he signed a contract stating he is not a law enforcement officer.. couldn't that be used in the court of law??
as well.. if u mail it to yourself, it'll be post marked and sealed by the federal government, can this also be used against this leo?
I heard that if you straight up ask them if they are a cop, They can not say no, So ask and if he side steps the question then don't sell to him.
that is correct.. he can deliberately say no and lie...
http://www.erowid.org/freedom/police/police_info6.shtml
EVERYBODY READ ON THIS...
cops can and do lie for a bust and get away with some pretty major ones because there is no one to say otherwise...other than the nearly convicted. they can also bust you for asking to buy off of them! if you MUST sell to strangers, do it by mail. at least you'd have a little head start should things go bad. better yet, stick with your close friends and family. if you're good and have your shit together word will spread around fast enough with only them involved, giving you a nice cushion.
This is a segment of sheist's link....
"Loosely defined, entrapment is a situation in which, if not for the actions of the police officer or police informant, the defendant would not have committed the crime. This defense is generally only successful in situations where law enforcement officers create a criminal plan, plant the idea of that plan into an otherwise innocent person's mind, and then instigate the plan for the purpose of prosecuting the suspect. "
So, if the post on craigs list is explicity asking for pot, sure sounds like entrapment. However, I wouldn't do it. Even if it's not a cop, it could be a crackhead ready to stab you and take your stash... or worse...
Only sell to people you really know. But remember the government is the biggest drug dealer in the world so they usually only go after you if you're making more money then them...and thats usually coke and heroin dealers.
you guys think the cops will go rule for rule on what to do and what not to do? shit cops over here are so corrupt they dont give a shit lol, cops are dirty fucking people, they dont give a shit what you say, if you ask them they are cops.. they'll deny it, but when you sell him he'll bust you. holding anything against him is useless lol bastard cops are dirty fucks and trust me lol they can get away with it.
Contract theory does not exist in situations involving criminal activity.
Let's think about this for a second.
If you make someone sign a contract stating that they are not a member of the law enforcement community so that you can sell them illegal substances, do you really think that would hold up in court?
You still sold an illegal substance, and there was still a witness that is more credible than you are.
Even if CT held up in this instance, the best you would get would be suing the cop for falsifying information on a legal document.
This wouldn't happen though, because legal documents cannot concern illegal actions.
If you were in debt way over your head and the cops new it and THEN offered ya some illegal deal that would happen be the thing to save your day....that's entrapment....as I understand it.
I just found this....hope it helps!
ENTRAPMENT - A person is 'entrapped' when he is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit; and the law as a matter of policy forbids conviction in such a case.
However, there is no entrapment where a person is ready and willing to break the law and the Government agents merely provide what appears to be a favorable opportunity for the person to commit the crime. For example, it is not entrapment for a Government agent to pretend to be someone else and to offer, either directly or through an informer or other decoy, to engage in an unlawful transaction with the person. So, a person would not be a victim of entrapment if the person was ready, willing and able to commit the crime charged in the indictment whenever opportunity was afforded, and that Government officers or their agents did no more than offer an opportunity.
On the other hand, if the evidence leaves a reasonable doubt whether the person had any intent to commit the crime except for inducement or persuasion on the part of some Government officer or agent, then the person is not guilty.
In slightly different words: Even though someone may have [sold drugs], as charged by the government, if it was the result of entrapment then he is not guilty. Government agents entrapped him if three things occurred:
- First, the idea for committing the crime came from the government agents and not from the person accused of the crime.
- Second, the government agents then persuaded or talked the person into committing the crime. Simply giving him the opportunity to commit the crime is not the same as persuading him to commit the crime.
- And third, the person was not ready and willing to commit the crime before the government agents spoke with him.
On the issue of entrapment the government must prove beyond a reasonable doubt that the defendant was not entrapped by government agents.
http://www.lectlaw.com/def/e024.htm