What Is Entrapment?
Fighting Sting-Operation Charges in Metro Phoenix
Tempe police, ASU DPS, and Valley task-forces routinely run undercover stings for drugs, prostitution, Internet crimes, and weapons. When officers create the crime and then push someone into committing it, the law calls that entrapment. Under A.R.S. § 13-206, entrapment is a complete defense—if you can prove it.
Three Things We Must Show
- A government agent (police officer or confidential informant) originated the idea for the offense.
- No predisposition: you were not already willing to break the law.
- The agent’s tactics—pressure, deceit, threats—would cause an ordinary law-abiding person to commit the crime.
Arizona Uses the Objective Standard
Tempe-area juries ask: “Would a reasonable person have done the same thing under that police pressure?” If the answer is no, the jury must vote Not Guilty.
Legal vs. Illegal Police Tactics
Allowed | Entrapment |
---|---|
Undercover officer offers to sell narcotics to anyone who asks. | Officer repeatedly begs or badgers you to buy until you finally agree. |
Fake internet ad invites illegal activity; suspect responds willingly. | Officer threatens to expose, arrest, or harm you unless you cooperate. |
Police pose as buyers in a gun-show sting; suspect already dealing. | Police supply the firearm, plan, and getaway, then force suspect to deliver. |
Evidence That Wins Entrapment Cases
- Text threads or social-media logs showing persistent police persuasion.
- Body-cam / wire recordings revealing threats or promises.
- Witnesses who heard you refuse or express reluctance.
- Clean criminal history or lack of similar conduct