Undercover drug operations happen frequently in San Diego. Police pose as buyers or sellers, use confidential informants to set up deals, and orchestrate controlled purchases designed to catch people in the act. Most of these operations are legal. But some cross a line.
Entrapment isn’t just aggressive police work. It’s a specific legal defense that applies when law enforcement induces someone to commit a crime they wouldn’t have committed otherwise. The distinction matters because not every sting operation that feels unfair meets the legal definition of entrapment.
What Entrapment Actually Means
California law recognizes entrapment as an affirmative defense under California Penal Code Section 647. You have to prove two things. First, that police or their agents induced you to commit the offense. Second, that you weren’t predisposed to commit that type of crime before their involvement.
Inducement means more than just giving you an opportunity. Police can offer to buy drugs from you without it being entrapment. They can ask you to sell to them. That’s standard undercover work.
Inducement becomes problematic when officers use pressure, repeated requests after you’ve refused, appeals to sympathy, or promises of something you desperately need. If they wore you down through persistence or created circumstances where you felt you had no choice, that can support an entrapment claim.
The Predisposition Problem
Most entrapment defenses fail on predisposition. Prosecutors will dig into your history to show you were ready and willing to commit the crime. Prior drug arrests, evidence you’ve sold before, or even statements you made about dealing can all demonstrate predisposition.
But predisposition isn’t automatic just because you’ve used drugs or have a record. The question is whether you were predisposed to commit this particular offense at this time. Someone with a past conviction who’s been clean for years and repeatedly refuses to participate until coerced may still have an entrapment defense.
Courts look at several factors:
- Whether you hesitated or refused initially
- How many times did officers have to ask before you agreed
- Whether you tried to back out
- If officers offered incentives beyond the transaction itself
- Your financial situation and whether officers exploited your desperation
Common Sting Scenarios And When Entrapment Applies
Drug stings typically follow patterns. An informant introduces an undercover officer as someone looking to buy. The officer makes an offer. You either agree or refuse. If you refuse and the officer leaves, no entrapment issue exists. If you refuse and the officer keeps pushing, things get more complicated.
We’ve seen cases where informants contacted defendants dozens of times over weeks or months. They appealed to friendship, claimed they needed help, or offered money to people facing eviction. In one scenario, an informant told someone their own child would suffer if the deal didn’t happen. That kind of pressure can constitute inducement.
Another pattern involves officers targeting people in recovery programs or treatment facilities. If someone has been sober and actively trying to stay away from drugs, aggressive recruitment into a sting operation raises serious questions about predisposition.
How We Challenge Sting Operations
Building an entrapment defense requires documentation. We obtain recordings of all conversations between you and the informant or undercover officer. Text messages, phone calls, and in-person meetings recorded on body cameras or surveillance equipment often reveal the full picture of how the relationship developed.
A San Diego drug crime lawyer examines when contact started, what was said during initial refusals, and how officers responded to hesitation. We also investigate the informant’s background. Some informants face their own charges and receive reduced sentences or payments based on securing arrests. Their motivation to pressure targets can be significant.
Character evidence matters too. Witnesses who can testify about your efforts to stay clean, your employment history, or your distance from the drug trade help establish that you weren’t predisposed to commit this offense.
What Entrapment Doesn’t Cover
Entrapment doesn’t apply if you were already engaged in drug activity and the police simply provided an opportunity. It doesn’t matter if the officer suggested a larger quantity or offered more money than typical street deals. Those are opportunities, not inducement.
It also doesn’t apply if you were the one who initiated contact or suggested the transaction. Even if an informant introduced you to an officer, if you immediately offered to sell or expressed eagerness to do the deal, predisposition is clear.
Building Your Defense Strategy
Drug sting cases often involve more defensible issues beyond entrapment. Did officers exceed the scope of a search warrant? Was there a proper chain of custody for the drugs? Did they violate recording consent laws? The San Diego drug crime lawyer team at The Law Office of Elliott Kanter APC examines every aspect of how the case was built, not just whether entrapment occurred.
If you’ve been arrested in an undercover operation and feel you were pressured or coerced into participating, reach out to discuss what happened and whether your case involves legitimate entrapment issues or other defenses worth pursuing.