CJA 354 Week 2 DQ 1 NEW
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Here are two typical undercover police operations:
1. Undercover officer approaches Able and asks where he can buy some crack cocaine. Able steers the undercover (u/c, in the biz) to Baker and says, “My man here can help you.” The u/c then asks Baker for “two.” Baker reaches to a window sill and removes two vials containing crack, hands them to the u/c who gives Baker $10. The u/c leaves the scene, radios a description of Able and Baker and watches, from a safe distance, as his back-up team swoops down and makes the arrest, recovering the rest of the “stash” by the window sill and the $10 bill in Baker’s pocket.
2. A police officer in plainclothes, lies on the floor on a subway platform, appearing drunk and asleep. He has several $20 bills sticking out of his pocket just ripe for the picking. And pick someone does. Charlie, a man with no criminal record, comes along, sees the sleeping “drunk”, bends down and takes one of the bills from the officer’s pocket. He walks away but is quickly apprehended and charged with grand larceny: taking property from the person of another (in New York, a low-level felony).
Is either of these scenarios entrapment? Why or why not? What differentiates each of these examples, if anything? Compare and contrast these operations.
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