To catch individuals engaging in criminal activity, Nevada law enforcement might set up a sting operation, which is when an officer goes undercover as a buyer, seller, or potential victim. For example, a cop could pose as a drug buyer to catch a suspect dealing narcotics. Generally, this type of police activity is allowed, as giving a person an opportunity to commit a crime is not considered unlawful. The government expects that a reasonable person would resist a certain amount of pressure to engage in criminal conduct.
What Is Entrapment?
Entrapment occurs when a law enforcement official uses various tactics, such as threats, fraud, or harassment, to force or coerce an individual to commit a crime that they would not have engaged in without the officer’s involvement.
Can Entrapment Be Used as a Defense?
Entrapment could serve as a legal defense in various criminal cases, such as those involving drug possession and distribution, prostitution, or possession of child pornography. If a defendant claims they were the victim of illegal police activity, the burden rests on them to prove, by providing a preponderance of evidence, that this was so. That is, the defendant must show that it was because of the officer’s inducement that they committed the crime and they were not predisposed to engage in criminal behavior.
Nevada applies the subjective entrapment standard when assessing whether or not the defendant has met their burden. Under this rule, the accused must prove that they did not readily give into the officer’s requests. However, if they can demonstrate their lack of predisposition, instead of the defendant being found not guilty, the burden then shifts to the prosecutor to show that the individual would have committed the crime regardless of law enforcement’s involvement.
Contact the Law Offices of Kenneth A. Stover for a Free Consultation
If a law enforcement official forced you to commit a crime you would not have carried out without their involvement, contact our team for skilled legal counsel. Backed by over 20 years of experience, we know how to thoroughly examine a case and explore all legal avenues to build a solid defense and fight charges. When you retain our services, we will be committed to protecting your rights and freedoms.
For effective legal counsel, call us at (775) 502-1575 or contact us online.