Monday, May 19, 2014

Florida v. Blanco case brief summary

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

No comments:

Post a Comment

Search Thousands of Case Briefs and Articles.