Legal Question in Criminal Law in Colorado

Does this qualify entrapment?

I arrived at a liquor store to purchase some beer. After purchasing the beer I proceeded to the parking lot where I had parked. I heard a shout, ''Excuse me, can you please do me a huge favor?'' I replied, ''What do you need?'' There were two females in a parked car.. They soon responded, ''We were curious if you could buy us some beer.'' Before letting them continue I interrupted ''Are you 21 years old?'' They both responded with a definite ''Yes''. I asked, “Why cant you buy it?” and they replied, “We don’t have our ID’s.” They handed me a $20.00 bill and asked a ''6-pack of Coors Light'' and did not indicate they wanted change. I bought the beer for them. As I was entering my vehicle I was stopped by police and issued a ticket and informed they were underage ''workers'' for the police.

Under the law of Entrapment is it legal for the police department to lure, bribe, lie to me, and then issue a ticket? I clearly made and effort to be a model citizen by asking age before ''committing'' the act for which I was ticketed, which I would not have committed had I known their correct age. Can an attorney get me out of this?


Asked on 7/09/05, 5:10 am

2 Answers from Attorneys
Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: Does this qualify entrapment?

It could. Entrapment is an affirmative defense if there is no pre-existing criminal intent to commit a crime. In other words, if you would not have bought the beer but for the actions of the girls, then you may be ok. Give me a call if you wish. Thanks. Marc

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Answered on 7/10/05, 6:58 pm
V. Iyer Iyer Law Office, L.L.C.

Re: Does this qualify entrapment?

MAYBE/ MAYBE NOT.

The police cannot lie as to their identity as police. E.g. A QUESTION POSED AS ARE YOU A POLICE OR LAW ENFORCEMENT OFFICER. IF THE PERSON IS SUCH HE/SHE CANNOT LIE. HOWEVER, POLICE CAN CREATE ANY ENVIRONMENT THAT ALLOWS A PERSON TO COMMIT A CRIME IF HE/SHE CHOOSES TO SO ACT. POLICE CANNOT ENCOURAGE, AID OR ABET OR FORCE A OTHERWISE HONEST LAW ABIDING PERSON TO COOMIT A CRIME.

ONLY WHEN A COMPETENT ATTORNEYS REVIEWS ALL OF THE EVIDEDNCE CAN ATTORNEY SAY WHETHER HE/SHE CAN ASSIST YOU.

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Answered on 7/09/05, 3:43 pm


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