Legal Question in Criminal Law in Florida

Is this entrapment?

Does an employee of a retailer have the right to sell a legal product and then accuse the buyer of illegal purchase? I purchased several items at a local store including cold medicine. There were no indications of wrong doing or any suspicious behavior. The employee telephoned local authorities of the purchase. Police stopped and searched for ''illegal drugs or illegal drug manufacturing equipment''. They find only the items purchased, ( including the cold medicine) nothing illegal but I went to jail for a suspended license (expired tag). Is this a violation of my rights? Entrapment? Selling a product and then insinuating illegal use of the product without evidence?


Asked on 1/18/09, 9:02 am

2 Answers from Attorneys
Rebecca Zima The Law Offices of Rebecca Zima, P.A.

Re: Is this entrapment?

Because of new regulation of certain drugs used in cold medicine, retailers may be obligated to notify the police if someone buys a lot of one type of medicine. Certain over the counter cold medicines contain a certain substance commonly used to make methamphetamine.

Since you were only arrested for a driving charge, there is no entrapment issue here.

However, you may be able to attack the police stopping you based only on the cold medicine purchase. Depending on other circumstances, they may not have had a valid legal reason to stop you and discover your license was suspended. Call me if you would like a free consultation regarding your case.

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Answered on 1/18/09, 12:37 pm
Valerie Masters Valerie Masters, P.A.

Re: Is this entrapment?

Probably not and depending on the tiop they had reasonable suspicion

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Answered on 1/18/09, 9:07 am


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