Legal Definitions - objective entrapment

Objective entrapment is a legal defense that focuses on the conduct of law enforcement officials. It occurs when police or government agents engage in tactics that are so coercive, manipulative, or overbearing that they would likely induce an *ordinarily law-abiding person* to commit a crime, regardless of that person's prior inclination or predisposition to do so. The core idea is to prevent law enforcement from manufacturing crime rather than detecting it.

Here are some examples to illustrate objective entrapment:

• Example 1: Persistent Solicitation for Drug Sales

  An undercover police officer repeatedly approaches a person who has no known history of drug offenses and has never expressed an interest in selling drugs. The officer, posing as a desperate buyer, offers an exorbitant amount of money for a small quantity of drugs, claiming they need it for a sick family member and will face severe consequences if they don't get it. The officer calls and texts the individual daily for two weeks, creating a sense of urgency and emotional pressure, until the individual, who is struggling financially, finally agrees to obtain and sell a small amount of a controlled substance.

  This illustrates objective entrapment because the law enforcement officer's persistent, high-pressure tactics and emotional manipulation, coupled with an unusually high financial incentive, might be considered so extreme that they could induce an otherwise law-abiding person, particularly one facing financial hardship, to commit a drug offense. The focus is on the officer's conduct, not the individual's prior willingness to sell drugs.

• Example 2: Creating an Opportunity for Theft

  A police sting operation involves an undercover officer setting up a seemingly abandoned, unlocked van filled with valuable electronics in a quiet residential neighborhood. The officer then approaches several passersby, including a person known to be unemployed but with no criminal record, and explicitly tells them, "This van looks like it's been left here for days, and no one seems to care about what's inside. You could probably take some of this stuff and no one would ever know." The officer then walks away but observes from a distance. The unemployed individual, after initially hesitating, succumbs to the suggestion and takes an item from the van.

  This scenario demonstrates objective entrapment because the police not only provided the opportunity for a crime but actively encouraged and suggested the commission of the theft to an individual who might not have otherwise considered it. The explicit suggestion and assurance that "no one would know" could be seen as an inducement that would tempt an ordinarily law-abiding person under similar circumstances.

• Example 3: Manufacturing a Fraud Scheme

  An FBI agent, posing as a business consultant, targets a small business owner who is struggling to keep their company afloat. The agent proposes a complex "investment opportunity" that involves submitting false invoices to a fictitious government program to receive grants. The agent provides all the necessary fake documents, explains exactly how to fill them out, and assures the business owner that "everyone does it" and there's "no real risk." The business owner initially expresses strong reservations about the legality and ethics but, facing imminent bankruptcy and constant reassurance from the agent, eventually participates in the fraudulent scheme.

  Here, objective entrapment could be argued because the government agent did more than just offer an opportunity; they actively designed the entire fraudulent scheme, provided all the means to commit it, and used persistent persuasion and false assurances to overcome the business owner's initial reluctance. Such conduct might be deemed excessive and capable of inducing an ordinarily law-abiding person in a desperate financial situation to commit fraud.