Florida v. Blanco 2005 (objective test jurisdiction)
o D was charged with a drug related offense; moved to dismiss on grounds of police entrapment.
o After
being informed that drugs were being sold in certain bar, Under cover
officers approached defendant at the gay bar stating that he liked to
party, suggesting that he meant c*caine. D went to the bathroom, when he
returned he told the officer that there wasn’t any c*caine, but there
was Meth. The officer gave money to D who returned with the drugs.
o The trial court dismissed finding the officers conduct to violate due process.
o Appeals
court reversed. objective analysis of entrapment on due process grounds
focused on the conduct of law enforcement. The appellate court held
that the trial court failed to limit its consideration to the conduct of
the law enforcement officer. Rather, it focused its attention on the
effect of the officer's conduct on defendant, and on defendant's
apparent lack of predisposition to commit the offense.
o Government inducement (def)
o Defendant’s predisposition (prosecution)
1. D’s character and reputation
2. government initially suggested activity
3. D engaged in activity for profit
4. D showed any reluctance
5. Nature of Government inducement
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