Entrapment is a possible defense in any criminal case where the police induce a person to commit a crime. In Indiana, entrapment is a defense to a crime when: a.) the criminal act was the product of police persuasion likely to cause the person to engage in criminal conduct; and b.) the person was not predisposed to commit the offense. The typical entrapment case involves police officers working undercover, or using confidential informants, to induce otherwise law-abiding people into violating the law. The Indiana Supreme Court and Indiana Court of Appeals have upheld the use of the entrapment defense in a wide variety of cases, including Operating While Intoxicated, Furnishing Alcohol to a Minor, Prostitution, Dealing in Cocaine, and Theft.
Once a defendant indicates that he intends to rely on the defense of entrapment and establishes police inducement, the burden shifts to the State to demonstrate the defendant’s predisposition to commit the crime. The following factors are admissible into evidence and important in establishing the defense of entrapment: