What is Entrapment?
In Minnesota, citizens are protected from improper and illegal law enforcement practices. One defense to certain criminal charges is the entrapment defense.
Entrapment exists where it appears law enforcement officers “lured the accused into committing an offense which he otherwise would not have committed and had no intention of committing.” See State v. Grilli, 230 N.W.2d 445 (Minn. 1975). It is not unlawful, however, to “provide a person with the opportunity to voluntarily and deliberately do what there was reason to believe he would do if afforded the opportunity.” Entrapment requires the instigating or manufacturing of a crime by law enforcement officers. This defense must first be fairly raised and then the burden falls on the State to disprove it. Entrapment is a very complicated and fact-specific defense but a successful entrapment defense will properly result in the dismissal of the case.
If you think you might be in a situation where an entrapment defense is appropriate, an experienced criminal defense attorney can help you.