re: Question about police underage liquor buying schemes

quote:

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In a lot of places that's entrapment and the charges would get thrown out. The john would have to approach the undercover officer.

In the case of the ATC sting, law enforcement is initiating the encounter so it should be considered entrapment and there should be no criminal case. However, if you think of a liquor license as a privilege and a business regulation, you could make an argument for fining the establishment.

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The initiating party has nothing to do with whether or not it's entrapment.

Entrapment occurs when law enforcement cause a usually law-abiding citizen to commit a crime.

Let's say the FBI believes a certain person is trying to commit an act of terror. They approach this person on the internet with an offer to sell him a bomb. If the person accepts the offer and tries to purchase the bomb, the FBI arrests said person legally. No entrapment has occurred even though the FBI approached him.

On the other hand, if the FBI approaches a normally law-abiding person and feeds this person anti-government propaganda, attempts to coerce him into committing an act of terror, etc. and then they arrest him when he attempts to purchase the bomb, this is entrapment.