can a police officer tell a person to claim property at the police station with intent to accuse said person with stealing the property
Additional information
ok let me be more specific this property was in a backpack with drugs(pot) and stolen property. i had claimed that this property was mine (it is stolen but i dont know if they know that) and had no ties to the drugs or other stolen property. another person was arrested and charged with with the known stolen property and drugs. the police are telling me to come and pick up the stolen(still i dont know if they know) property at the police station. the question is can they tell me they are giving me the items because they are not needed as evidence of any crime and turn around and accuse me of stealing them once i go to the police station. i know i know i sound like a moron and should just leave the items alone but thiers nothing i can do(tbh this isn't for me but for a friend and i cant stop him) i realy appreciate you answer to this bad bad choice someone is going to make =)
If the police used a trick to get you down to the station to arrest you for a crime they already had evidence against you, then it's not entrapment.
Are you saying the police gave you stolen property, told you it was okay, then arrested you for possession of stolen property? That should be thrown out.
I'm just not sure what you're asking in your question. If you've been accused of a criminal act, keep your mouth shut and speak to an attorney about the case.
I read your additional information but the scenario is still a little unclear. I don't think you should give any more information because this is a public forum and it is possible to lead this back to you. I suggest you talk to an attorney immediately. Then you can lay out the exact situation and with the attorney who will then fully armed with all the information and he can properly advise you. You can come in for a free consultation and I am located near you if you want to contact me at my website below.
Florida case law essentially defines entrapment as the police, or other authority, making someone do something they wouldn't do "but for" the police influence. In other words, the police must "force" you to do something you wouldn't ordinarily do. This can happen if they threaten to arrest you or beat you unless you do something, like sell drugs for them in order to catch someone else, and then prosecute you for the sale.
Just the police offering an opportunity is not enough to trigger entrapment. The news is full of "sting" operations where police tell suspected criminals that they have won something and when they show to claim the "prize" they are arrested. The courts have found nothing wrong with this procedure.
Similarly, if police ask someone to get them drugs and they do, that is not entrapment.
I agree that your question is unclear and that it is unwise to discuss it further in this forum, but entrapment is a tough defense to assert and win. Unless the police coerce your actions it usually is not a viable defense.
