The detective on the case said that he intentionally had the victim contact me during on the on-going investigation. He claimed that this was to see if I was involved in the case. This case is regarding harassment and it seems strange that a detective would tell a victim to contact their alleged harasser. Furthermore, the statements the victim made in these contact attempts were baiting in nature. Could this be considered conspiring with a witness to entrap a potential suspect?
There is a distinct difference between conspiring to commit a criminal act, and conspiring to gather information about potential crime. You are barking up the wrong tree. It is not a crime to gather information. There is no entrapment from what you have written. Get counsel on your side.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
I have heard of things far fetched so do not give up on this. Have your defense counsel (hire one) develop the evidence to cross examine the detective about this.
A detective cannot conspire with a witness to entrap a suspect. However, A witness can always be wearing the wire. You should refrain from any further discussion of this matter online or anywhere else in public or in private except with an attorney. There are many outstanding criminal defense attorneys in your area. If you do not know any, click on the Find a Lawyer link at the top of this page to locate many are available for consultation and hire.
Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.
There is certainly no entrapment here and your construction of this as "conspiring with a witness" is going nowhere. My guess is that the witness was wired, but if so you will find out soon enough. Whether there is any kind of overreaching or unreliable investigation technique being employed here that might lead a court to put restrictions on evidence recovered strikes me as probably a very long shot, but may be something that your defense attorney (and you should have one) might want to explore. There may be details that will give an attorney something to work with. Based only on what is in your posting, however, I don't see anything much.
I respectfully disagree that a detective cannot conspire with a witness to entrap a citizen. Entrapment is illegal. PERIOD. That is why there is a jury instruction against it and that is why you can file a motion to dismiss a case for entrapment!
Your case makes me angry at the police! The idea behind the harassment statutes is to get the perpetrator away from the victim. NOT for the victim to bait some innocent person into committing a crime.
The difference between a clean investigation verses entrapment is were you or was the accused person ready and already willing to commit a crime, before the police enticed them to commit a crime. For Example: if a undercover detective calls you 10 times asks you once if you will sell them cocaine and you say no 9 times, and finally on the 10th call you say, "fine I have no idea where cocaine is but I will go out and get you some, just so you will leave me alone." That would be entrapment. On the other hand if a undercover detective called you up and asked you to get him cocaine and you said, “sure I have 10 kilos of coke right here”, that would not be entrapment.
The detective could have simply looked at phone records, to see if you were harassing the person. However, if the detective is purposely having this witness lead you on, then I think very well may be entrapment.
I do agree you need a lawyer. What this cop did is wrong. I find this time of police work comes from police officers who are less than intelligent. This usually means they make mistakes under the law. You need a sharp attorney who knows the law to uncover those mistakes.
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