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Articles Tagged with police entrapment

Most people have a grave misunderstanding of entrapment and how useless it is as a defense in court. Most folks believe that the cops cannot “generate crime.” They can. In fact, they do it as a part of sting operations all the time.

In one case, a federal agent let it slip that he was sitting on a stash of cocaine bricks valued at about $2 million. He got a few associates to help him with the stash, but they were all arrested for criminal conspiracy and drug trafficking. One of the crew was a recovering heroin addict who could not afford to go into recovery although his health was failing. The addict was charged with two weapons violations, even though he never touched a gun, and conspiracy to distribute cocaine. The amount of cocaine was high enough to trigger a mandatory 10-year sentence under federal guidelines.

Now, you may be inclined to think that the story above is entrapment, but it is not. Even though there was no real crime, all the drugs belonged to the ATF, and the men would not have been there but for an ATF agent telling his drinking buddies that he had a goldmine, all the men will be charged with conspiracy to traffic cocaine they did not know existed until the ATF agent told them.

smn-bcc-601011-unsplash-copy-300x200Adel Daoud will now face sentencing after pleading guilty (sort of) to conspiracy to commit terrorism and attempts to commit terrorism. Daoud was led by the hand to commit acts of terror against the American people by undercover FBI agents. He pushed a button on a detonator that he believed would set off a 1000-pound car bomb that could have killed hundreds of people. Daoud sat in the passenger seat of a car beside a federal agent and prayed that this would be their first operation, not their last.

Daoud had set himself up for the sting after lengthy social media posts alerted the federal government to his attitude. They say that he believed he was on a mission from God to harm infidels. The federal agent coaxed Daoud to commit an act that he believed was terrorism against the American people.

Does That Constitute Entrapment?

kristina-flour-185592-copy-300x192The owner of a massage parlor was arrested and charged with prostitution in an investigation launched by authorities in Wisconsin.

Undercover officers covertly investigated Asian Massage Reflexology in New Berlin, a city between Chicago and Milwaukee, after being informed that staff were engaging in sexual activity with clients in addition to the massages provided.

The owner, Jing Zhang, was charged with maintaining a place of prostitution. If convicted, she is facing a maximum sentence of six years in prison, according to court records.

toa-heftiba-578093-unsplash-copy-200x300A Chicago woman was arrested at a Plainfield massage parlor, where she was an employee, for offering to perform sex acts on undercover police officers for money.

47-year-old Yinyan Gao was employed by Plainfield Massage. The Will County Cooperative Police Assistance Team investigated the business after being informed of several customer complaints stating Gao allegedly propositioned them inappropriately when the customers came in for massages.

Numerous undercover police officers visited the business to receive a massage from Gao. During the sessions, Gao allegedly propositioned the officers and gave them the impression she would perform sex acts for money.

aidan-bartos-313782-copy-300x200Although the entrapment defense against a charge of bribery is considered to be largely ineffective by many lawyers, it is nonetheless quite capable of leading to an acquittal. For recent cases, the collapsed trial of former Representative Ray Frias has shown that it is quite possible for an effective lawyer to make use of this unique defense strategy.

The defense in this case was so unlikely that other parties to the trial, including Lawrence Bloom, considered it to be a model for their own trials. Nevertheless, it is imperative that defendants think carefully before choosing this option.

For a start, it requires a complete confession and admission of the material facts in the case. For a politician, that can spell political doom since opponents will have a pre-prepared oppositional research statement from the admission.

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This summer, police officers across the United States have been cracking down on prostitution-related offenses. Sting operations aimed at stopping the solicitation of prostitution have been executed across the country, including several in Illinois. The Chicago Tribune reports that a recent sting operation in Arlington Heights resulted in 14 men being charged with the crime of soliciting a sexual act. The Arlington Heights police carried out the sting by placing ads on the internet designating a specific time and hotel for interested people to meet. When individuals arrived at the designated hotel room a female undercover agent greeted them. Additional officers were waiting to arrest offenders who offered money to the undercover agent for sexual acts and to charge them with misdemeanor solicitation of a sexual act.

What Constitutes Entrapment?

Typically, entrapment occurs when a police officer induces someone to commit a crime that he or she would otherwise not have been disposed to commit. Entrapment can be used as a defense to a criminal charge, and is often alleged by defendants who have been charged with solicitation of a sexual act. In Illinois, the legal test for entrapment is contained in 720 ILCS 5/7-12 and prohibits a criminal defendant from being convicted if their illegal conduct was either incited or induced by a public agent in order to obtain evidence for the prosecution of that person. However, entrapment can not be used as a defense if the defendant was predisposed to commit the crime and the public agent simply provided them with the opportunity to commit it.

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