There seems to be a lot of confusion about what constitutes police entrapment and what does not. I've seen literally dozens (not on this section because it hasn't existed that long) of posts describing scenarios and then asking if they were "Entrapped".

The actual definition of Entrapment as defined by law is (paraphrased):

When a law enforcement agent (Police, BATF, DEA, etc..) entice in individual into committing an act or acts that it can be reasonable held the individual otherwise would not have committed, or when police provide the opportunity to someone to commit a crime he/she normally would not have committed, or when the police INDUCE a crime with a person who normally would have held no participation

Or to use the much shorter Wikipedia version:

Entrapment is the act of a law enforcement agent in inducing a person to commit an offence which the person would not have, or was unlikely to have, otherwise committed.

Are prostitution stings entrapment? No. Watch any episode of COPS where a prostitution sting goes on. The girl is ALWAYS approached first by the car, she makes small talk, then asks him something to the effect of, "You looking for some fun tonight?" or some similar prostitut-ish phrase. Why is this not entrapment? Because anybody with half a brain that seems a skimpily clad woman standing near a street corner KNOWS why shes there, and I doubt anyone alive is dumb enough to believe, "I was just giving her a ride home".

So what would qualify as Entrapment?

A man is walking home to his apartment after work. As he walks by a dark alley, someone Psst!'s to get his attention. Out strolls what appears to be a bum. The bum tells the man he just got a great batch of X in and the guy can have it real cheap, 10 pills for $35.00

The man refuses and starts to walk off, the bum runs and catches up with him, pestering him. Finally the man gives in and buys the pills from the bum. 10 seconds later the DEA is all over him. This man has been Entrapped by police BECAUSE OF THE FACT he had no intention of buying drugs in the first place and was hounded and pressured into doing something he would normally not have done. Entrapment would be an excellent defense here, and could very likely get the case junked entirely (If I was trying the case, I'd dismiss it then write an extremely nasty letter to that DEA agents supervisor).

The Entrapment defense holds ONLY if it can be proven you were coerced into behavior you normally would NOT have done. (Obviously this won't help you if someone pressures you to kill their wife and you do it).

Be aware if you were "Entrapped" for say....drug offenses, and the police find 9 prior drug convictions, you're Entrapment defense is going bye bye.

Next time on Topics of Law: Search Warrants

Using your example.

What if the bum(whose actually a cop) offered him the pills, and he bought it right off. Is that still entrapment? Because the suspect didn't go out looking to buy, it got offered out of nowhere, or am I on the wrong about that?

Azure,

Police have to be extremely careful about the wording they use in these sting operations. A bum/cop who says, "Hey man, you lookin for somethin?" isn't likely to have his arrest thrown out on Entrapment. But a bum/cop who says, "Hey bro, wanna buy some killer H I got?" may possibly. If he buys it right off. the arrest is likely valid since the Prosecution (or I would at least if I was doing it), would argue that since he bought the drugs without hesitation, the officers did nothing to try and coerce him into the purchase.

Hope this helps. Welcome to Totse.