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Criminal Law Keyed to Gershowitz
State v. Blanco
Citation:
896 So.2d 900.Facts
Law enforcement received information that drugs were being sold at a gay bar without any detailed information. Undercover officers went to the bar to attempt to find the dealer and one sat next to the defendant. The officer indicated that he liked to “party,” and explained to the defendant that he meant the use of cocaine. The defendant told the officer that no one was selling cocaine, but he found someone selling crystal meth for $60. The officer gave money to the defendant, who returned with the drugs. The officer bought the defendant a beer and talked for awhile. The officer exchanged numbers with the defendant and called him during the following days. The defendant was arrested two weeks later and charged with drug offenses.
He filed a motion to dismiss based upon entrapment, and the Circuit Court granted it, stating that the defendant was not a target of an investigation and had not been previously been noted as someone who dealt drugs. Instead, the officer walked into a gay bar and approached this man who was sitting alone. The officer was the one that began the conversation and appeared to be a man who was interested in him.
The government appealed.
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