Entrapment is when law enforcement does not just catch a crime — it creates one, inducing someone to do what they were not otherwise willing to do.
In California it is a real defense, and it turns on the conduct of the police, not your record.
California's Objective Test
Unlike the federal rule, California uses an objective test: would the police conduct have induced a normally law-abiding person to commit the offense? The focus is on overbearing tactics — badgering, appeals to friendship or sympathy, promises the conduct is not illegal, or offers so good they would tempt an otherwise law-abiding person — not on whether you were ‘predisposed.’
Where It Shows Up
Entrapment most often arises in undercover stings: solicitation decoy operations, drug buys, and sales setups. Simply giving someone the opportunity to break the law is not entrapment — but pressure and inducement that manufacture the crime can be.
How It Works
Entrapment is an affirmative defense — the defense must show it was more likely than not. It comes down to exactly what the officers said and did, which is why the reports, recordings, and communications matter so much. Where the tactics crossed the line, it can end the case.
Frequently Asked Questions
What is entrapment in California?
Entrapment is when law enforcement induces someone to commit a crime they were not otherwise willing to commit. California uses an objective test: would the police conduct have induced a normally law-abiding person to offend? The focus is on the police tactics, not your predisposition.
What is the difference between entrapment and a sting?
Simply giving someone the opportunity to break the law — a standard sting — is not entrapment. Entrapment is pressure and inducement that manufacture the crime, such as badgering, appeals to sympathy, or offers so good they would tempt an otherwise law-abiding person.
Who has to prove entrapment?
Entrapment is an affirmative defense, so the defense must show it was more likely than not that the police induced the crime. It comes down to exactly what the officers said and did — which is why reports, recordings, and communications are so important.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com