Reference no: EM133232115

Scenario: Keith is a narcotics agent working for a local drug task force. On a slow day, he is reviewing intelligence reports. He notices that a residence owned by a known drug dealer is regularly coming up as having heavy vehicle traffic. The reports specifically state, "vehicles will drive to the mailbox, retrieve a package, and leave at all hours of the day and night". These vehicles are not the postal service. Keith decides to conduct surveillance on this residence.

Within a few hours, Keith's known drug dealer, Kenny Church, walks to his mailbox and places a package inside. He does not put up the flag. Within an hour, a vehicle retrieves the package from the mailbox. Keith conducted a traffic stop on the vehicle and found that the package consisted of two pounds of marijuana. Keith arrested the driver for possession of marijuana and Kenny Church for trafficking in marijuana.

After Keith makes his arrests, Kenny Church decides that he wants to "flip" on a few of his fellow dealers in hopes of receiving a lighter punishment. In speaking with Kenny, he claims to have good connections with a high-level crack dealer who is also involved in gang activity, and knows of a methamphetamine lab that is in operation.

Keith followed up with some of the information that Kenny has provided to him. Keith found that the high-level crack dealer does exist and Keith has intelligence on this individual already. His precursory information seems to check out. As the lead investigator, Keith has to determine how to proceed with Kenny Church. Keith conducts an undercover buy with Kenny as his informant to purchase drugs from this high-level crack dealer, with a recommendation of a lighter sentence to the judge.

Question: Entrapment is a common defense claimed by defendants in drug-related crimes, but it is rarely successful. In the scenario above, describe a scenario where entrapment was legitimately used.