Understanding Entrapment: A Legal Defense Explained in Tampa, Florida

At Brancato Law Firm, P.A., we are dedicated to protecting the rights of individuals who have been unfairly targeted by law enforcement in Tampa, Florida. One of the most powerful legal defenses available in certain cases is entrapment. If you or a loved one has been charged with a crime in Hillsborough County and believe law enforcement induced the offense, having an attorney with an strong understanding the entrapment defense is crucial.

What Is Entrapment?

Entrapment occurs when law enforcement officers or their agents induce an individual to commit a crime they otherwise would not have committed. Under Florida law, a defendant asserting an entrapment defense must admit to committing the offense but argue that they did so only because of law enforcement’s undue influence. Thus, the defense is not without some risk.

Types of Entrapment: Objective vs. Subjective

There are two primary types of entrapment recognized in Florida courts, including those in Tampa:

Objective Entrapment

Objective entrapment focuses on the conduct of law enforcement rather than the predisposition of the defendant. If police actions are deemed outrageous and egregious, they may violate due process rights under the Florida Constitution. In such cases, criminal charges may be dismissed. Examples include:

• Using financial incentives to induce confidential informants (CIs) to create crimes rather than detect them. See State v. Glosson, 462 So.  2d 1082 (Fla. 1985).
• Law enforcement manufacturing drugs to use in a sting operation near a school. See State v. Williams, 623 So. 2d 462 (Fla. 1993).
• Government agents creating child pornography to entrap an individual. See Farley v. State, 848 So. 2d 393 (Fla. 4th DCA 2003).

Subjective Entrapment

Subjective entrapment, outlined in Florida Statute 777.201, focuses on whether the defendant was predisposed to commit the crime. If a defendant had no prior history of engaging in such criminal activity and was induced by law enforcement, entrapment may be a viable defense. Courts consider factors such as:

• Prior criminal history (or lack thereof).
• The defendant’s reluctance to commit the crime.
• Whether the idea for the crime originated from law enforcement.

A successful case of subjective entrapment occurred in State v. Finno, 643 So .2d 1166 (Fla. 4th DCA 1994), where police initiated a loan-sharking operation, trained defendants on how to conduct it, and then arrested them—despite no prior evidence of criminal activity. Another case of subjective entrapment occurred in Demare v. State, 298 So. 3d 1269 (Fla. 2d DCA 2020), where law enforcement induced a man into having sexual chats with a undercover officer posing as a female and then later telling the man the girl was only 14 years old while continuing to induce him to chat sexually and eventually agree to meet up. The court in Damare held that the case should not have even been submitted to a jury. See also Curry v. State, 879 So. 2d 29 (Fla. 4^th DCA 2004), for another case where law enforcement egregiously induced a female to commit crimes by encouraging a romantic relationship with the CI that also involved sexual activity.

Proving Entrapment in Florida Courts

To assert an entrapment defense, Florida courts, including those in Tampa, follow a three-part test set out in Munoz v. State, 629 So. 2d 90 (Fla. 1993):

1. Did law enforcement induce the crime? The defendant must provide evidence that law enforcement persuaded or coerced them.
2. Was the defendant predisposed to commit the crime? The burden shifts to the prosecution to prove beyond a reasonable doubt that the defendant was ready and willing to commit the crime before law enforcement’s involvement.
3. Should the entrapment issue be decided by a jury? If the state fails to prove predisposition, the charges may be dismissed before trial.

Common Entrapment Tactics Used by Law Enforcement

Law enforcement officers sometimes use various tactics to induce individuals into committing crimes. These may include:

• Emotional manipulation (pleas for sympathy, feigned romantic interest, or claims of illness).
• Promises of financial gain or protection.
• Threats or coercion.
• Unmonitored conversations where officers instruct informants to avoid official recording.

The Role of a Skilled Tampa Criminal Defense Attorney

If you are facing criminal charges in Tampa, Florida, and believe entrapment played a role in your case, you need an experienced Tampa criminal defense attorney to analyze the facts and build a strong defense. At Brancato Law Firm, P.A., Attorney Rocky Brancato, former second-in-command of the Hillsborough County Public Defender’s Office, has the knowledge and experience to evaluate law enforcement conduct and challenge improper tactics.

Contact a Tampa Entrapment Defense Lawyer Today

If you or a loved one is facing criminal charges in Tampa, St. Petersburg, or anywhere in the Tampa Bay area, and believe entrapment was involved, contact Brancato Law Firm, P.A., today for a free consultation. Let us fight for your rights and ensure that justice is served.

Call us today at 813-727-7159 to schedule your free consultation.