An Oregon Court Of Appeals Case Shows How Far Cops Go To Try To Arrest Marijuana Consumers
The case below was recently decided in Oregon. It is a prime example of what marijuana entrapment looks like, how cops prey on marijuana consumers, and how the Oregon court felt that, "the evidence was sufficient for a rational trier of fact to find that the state disproved defendant's entrapment defense beyond a reasonable doubt." Or in other words, the court felt that what the cop did below is not entrapment, which is total BS.
I will be the first to admit that the defendant could have avoided this at multiple points along the way, but if cops can post whatever they want on the internet and use whatever tactics they want to entrap people, that's a scary scenario. This time it was 'trying to hook up' but what's next? Ever see how many OMMP ads there are on Craigslist in Oregon? How many of those are cops...Read the excerpt below to see for yourself, or click here to read the full decision:
In the early morning on April 18, 2009, defendant was perusing on his computer the "casual encounters" section of the website Craigslist. Defendant clicked on an advertisement entitled "Looking for the right hookup--w4m." That advertisement read:
"I have tried this before but could not find the right man to come thru. Im looking for some green or X for my kitty. Im a horny thing looking for a hookup. Are you that guy that can step up? Lets make this
happen 2nite. Kisses."
What defendant did not know was that the advertisement had been posted by Officer Hahn as part of his regular police duties. Defendant responded by e-mail at 6:34 a.m., writing:
"My names Jesse, I'm 26 5' 10 and free. * * * Let me know if you are interested."
Hahn, using the fictitious name "Cindy Newsom," responded to defendant at 6:36 a.m., writing:
"Well you sound good so far but I didnt see that have some bud or X for me? Do you have either an enuf to get with me 2nite?"
Approximately three hours later, defendant replied:
"I have the bud couldn't find the X. Let me know if you are still interested. Please send a pic."
Later that day Hahn answered, "I am still interested if you can come up with enuf bud to fuck me, can you make it happen[?]"
The next day, April 19, defendant replied to Hahn:
"Got the bud if you are still interested."
Because Hahn was off duty for three days, he did not resume his e-mail exchange with defendant until April 22, at 10:34 p.m., writing, "Im still lookin sweety. You wanna hook upstill? Im up alnight."
At 11:20 p.m., defendant replied, "[H]ell yeah you got a pic?" Two minutes later, Hahn wrote back,"So wut r u lookin 4? Name ur game. The pic, im the one in the middle with the hat."
Over the next four hours, the following exchange occurred:
Defendant: "damn your hot i'm down for whatever smoke a little bud and see what happens. I also have xanax, valium
Defendant: "hey sexy i am up and would love to kick it. you still down?
Hahn: "Hey, u still there or wut
Defendant: "that sounds cool all i have is a dime. Im going to call my twin to pick up a 20 sack is that enough? I would love to smoke and have some bomb sex. Text me[.]"
Defendant: "Hello sex for bud sonds good to me how much do you need? waiting ti hear back from you[.]
Defendant: "Well damn did I just get all this weed for nothing?
Defendant: "Well let me know if you want to do this another time. Waited but never heard back. I bought a shit load of weed."
On April 23, Hahn wrote: "Im up early and off to work but Im still down for when i get off 2nite. If you want to make it an alnighter or multiple sex then it will be an ounce. U got a shit load so make it worth it? Deal?"
That evening, the following exchange occurred over a six-hour period.
Defendant: "sounds like a deal. What time and where? I may be able to get some e as well. You are not a cop?
Hahn: "Oh yeah, we can chill at my place since Ive had a couple shots already and my sis is out of town. Hit me back[.]
Defendant: "Yeah i wanna come over. 1 is a little late but sounds ok. Anyway to meet earlier? What is your addy? You are not a cop? Do you have another pic?
Hahn: "You wanna come over say 11p then, I will head home now then, let me know wut ur driving so i can watch 4 ya, house is easy to miss. Not a cop by the way, u bring the condoms then. Here is a couple goodones I havent shared with others. U will like"
Defendant: "Lets say 11:45 send me your addy. I am driving a white Honda Accord.
Hahn: "u get the E to?
Defendant: "about to try and get it. might be a little late.
Defendant: "just got the e u still want to do this?"
Later, on the evening of April 24, defendant drove to the address that Hahn had given him. When defendant arrived, Hahn, who had been waiting in his police cruiser, pulled defendant over, had him step out of the car, and gave him the Miranda warnings. Hahn asked defendant what he was doing, and defendant told him he was there to "meet a girl named Cindy that he had met on Craigslist." Hahn then asked defendant if he had any controlled substances with him, and defendant handed over a prescription pill bottle that contained less than an ounce of marijuana. Hahn asked defendant "where the ecstasy was, because he said he was bringing it." Defendant told him that it was at the bottom of the pill bottle; Hahn found one pill there, wrapped in plastic.
Defendant was arrested and charged with, among other offenses, possession of a Schedule I controlled substance.