Is a decoy program used to deceive a suspect into committing a crime?

California, United States of America


The following excerpt is from People v. Toledano, G051787 (Cal. App. 2018):

act unlawfully. Official conduct that does no more than offer that opportunity to the suspect - for example, a decoy program - is therefore permissible; but it is impermissible for the police or their agents to pressure the suspect by overbearing conduct such as badgering, cajoling, importuning, or other affirmative acts likely to induce a normally law-abiding person to commit the crime." (People v. Barraza (1979) 23 Cal.3d 675, 689-690, fn. omitted.) "The trial court [is] required to instruct [] on the defense of entrapment if, but only if, substantial evidence supported the defense." (People v. Watson (2000) 22 Cal.4th 220, 222-223.)

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