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Criminal Procedure Keyed to Miller
People v. Jessie Johnson
Citation:647 N.W.2d 480 (Mich. 2002)
An informant reported to police that Johnson (defendant), a police officer, was operating his rental house as a drug den. An undercover officer, Lieutenant Sykes, propositioned Johnson to serve as protection and security from rip-offs and police raids for Sykes’ drug operations. Johnson agreed to participate; he did not attempt to arrest Sykes or report his activities. Johnson assisted Sykes in purchasing drugs from a supplier, who was another undercover officer. Sykes gave Johnson the package of drugs to examine, and Johnson did not express unwillingness to do so. Sykes then paid Johnson $1,000.
After the first drug deal, Sykes asked Johnson if he wanted to participate in future deals and that it would be okay if he did not want to participate. Johnson indicated that he wanted to be included in future transactions. He was then arrested at the second staged drug deal. Johnson was charged with two counts of possession with intent to deliver cocaine. He argued that Sykes entrapped him into the drug possession
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