Sting operations are one tactic Georgia officers use in cases of suspected drug trafficking. Such activities often involve an undercover officer engaging with a person who is attempting to commit a crime.
However, the police have limitations and rules about how they must carry out these operations. A violation of the guidelines could open the department up to charges of entrapment, which some accused persons have used as a defense.
What is entrapment?
Entrapment occurs when law enforcement tricks or pressures someone into committing a crime. If the individual had no intent to break the law but the police pushed the person into it, the situation could be a case of entrapment.
For example, an undercover officer pressuring a person into selling drugs could be a case of entrapment. This is especially true if the individual refuses the officer multiple times but finally agrees because of the officer’s persistence.
Can defendants claim entrapment in Georgia drug cases?
Entrapment is a valid defense in Georgia, but it is not necessarily easy to prove. The courts will look at the actions of both the accused and the police officers. They will examine whether the officers simply gave the person the chance to commit the crime or if they pushed the person into doing something illegal.
To prove entrapment, the defense must show that the person would not have committed the crime without the instigation of law enforcement. Anyone who already intended to commit the crime before the police contacted them would not have a valid case.
Is entrapment a solid defense?
Entrapment could be a strong defense, but that depends on the details of the case. Courts in Georgia are tough on drug offenses and careful when it comes to entrapment claims. Plus, federal, state, and local drug agents collaborate in such operations and use state-of-the-art equipment to build strong cases.
A defendant needs solid evidence to establish entrapment in a drug case and get a dismissal of charges. However, the defense can be difficult to use, especially if the accused was already taking part in drug-related activities. A defendant should consider all options to determine if entrapment is a smart strategy.
