To succeed in an entrapment defense, a Washington criminal defendant must show that the “criminal design” originated with law enforcement or someone acting under law enforcement’s direction and the defendant was induced to commit a crime he otherwise did not intend to commit. It is not sufficient for the defendant to show that law enforcement provided him an opportunity to commit the crime. RCW 9A.16.070. Pursuant to Washington case law, the test focuses on whether the defendant was predisposed to commit the crime. A defendant recently appealed his conviction, arguing entrapment.
A Sergeant with the Whitman County Sheriff’s Office created a Facebook profile under the name of “Pauline Niner” to meet people online who would be willing to sell drugs. At trial, the sergeant said he used a female identity because “[i]t attracts more people.” The sergeant had recently attended a training that addressed drug dealers and users communicating through social media and how officers could create a profile and engage in communication over social media.
According to the appeals court’s opinion, the defendant contacted “Pauline” and they discussed meeting. Pauline wanted methamphetamine and the defendant said he could get some. Various issues prevented him from providing her with the drugs on three occasions, but he stated he had a “little bit” on February 16, 2022. The sergeant arrested him when he got to the address.