Tag: snitch

The “Take-Back” Entrapment Defense

The drug defense attorneys at GRL Law are often asked about the possibility of asserting an entrapment defense in drug cases.  It’s usually in the context of a controlled buy from an informant who is trying to work off a collar. The regular entrapment defense requires evidence of excessive incitement, urging, persuasion or temptation.  Merely providing the opportunity to commit a crime is not enough. That’s why the regular entrapment defense is difficult to raise for most vanilla drug transactions.  Typically nothing excessive! But then there’s the “take-back” entrapment defense.  That is available when an informant supplies drugs to the accused […]

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Snitch Beats Rap After Task Force FUBAR

On February 17, 2021 the Iowa Court of Appeals in State v. Tucker dismissed felony drug charges against an informant who upheld her end of a task force proffer. Although both the factual and procedural histories are long and winding, the issue on appeal was fairly straightforward.  Should the court enforce a plea agreement against the State when the informant does what the prosecutor specifically asked as part of the plea agreement? Here, the informant faced 40 years in prison for methamphetamine and heroin possession.  She made a proffer to the task force and agreed to testify against another party […]

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Discovering the Identity of a Snitch in Marijuana Search Warrant Cases

Cooperating individuals, or snitches, work closely with police in exchange for either money or leniency with their own drug charges.   They are permitted to operate with virtual anonymity in order to set up as many people as possible.  Police and prosecutors also go to great lengths to protect the identity of these assets from being disclosed. This is typically on full display in marijuana search warrant cases.  The snitch provides tips to police to establish a reasonable suspicion of criminal activity, which when coupled with other information can provide probable cause to issue a warrant.  Or they might participate instead […]

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