Business Law Dan was suspected by customs and immigration of

Business Law:

Dan was suspected by customs and immigration officers of having information concerning the smuggling of drugs into the United States. Acting undercover, a customs and immigration official went to Dan and sug- gested that he bring illegal drugs into this country. Dan refused, but at the official’s insistence he later agreed. After the drugs entered this country, Dan was arrested. Does Dan have a valid defense to the charge of smuggling? Explain.

Solution

This is a possible case of entraptment.

Here the law enforcement agent (the customs and immigration official) went undercover and induced Dan to smuggle drugs. Dan was relucatant to do the same and he refused in the first instance.

This can be as a defense by Dan - that he was a victim of entrapment. This is a case of criminal law and thus Dan can use the premise as a defense.