Showing posts with label entrapment. Show all posts
Showing posts with label entrapment. Show all posts

Monday, July 5, 2010

Accused Drug Dealer Acquitted, Entrapment Says the Judge

Last week, Judge Bortner found Kevin Clark not guilty of possessing drugs with the intent to sell them, saying that he was entrapped by the police and a police informant.  Defense attorney Fran Miller argued successfully that the informant enticed and encouraged Kevin Clark to commit an act that he otherwise would not have committed.  Entrapment is a rare defense, one I've not seen used successfully in more than 10 years in Law Enforcement. 

The Story is HERE at The DAILY LOCAL NEWS website.  The "Entrapment"section of the Pennsylvania Crimes Code is reprinted below for reference

18 PA CS 313 - Entrapment - A public law enforcement official, or a person action in cooperation with such an official, perpetrates an entrapment if for the purposes of obtaining evidence of the commission of an offense, he induces or encourages another person to engage in conduct constituting such offense by either:


1) by making knowingly false representations designed to induce the belief that such conduct is not prohibited, or;
2) employing methods of persuasion or inducement which create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it.

One less drug dealer off the street, I guess.