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Smoking Checks = Entrapment ?

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Somekid68

Junior Member
What is the name of your state? Pennsylvania

Today I was working at a local Drug Store. Around 5:30, which happens to be our store's busiest time, a man who looked old enough to buy alcohol let alone cigarettes came in and asked for a pack of cigarettes. I being in a rush from the large line forming, did not ask to see ID. Turns out this was a Compliance Alliance Check (selling cigarettes to underage kids check). An official from the Health Department later came in and took my information and told me I was going to be fined or forced to do community service. I believe that this type of action should be considered entrapment because I had no intentions of selling cigarettes to underage kids. I believe this is no better than a cheap scam of fining the kids that they are “try to protect” from smoking. I also believe the individual that must have been hand pick to look older than his apparent age. Also the timing of the incident could not have been more perfect to trap me. I was wondering if I have a potential case for entrapment.

Thank you for your time reading this post.
 


Some Random Guy

Senior Member
Of course they chose kids who look older. It tricks more clerks. That's why you are supposed to check the ID of anyone who could even be close to the legal limit. Many businesses have policies that demand clerks to card anyone under the apparent age of 25 or 30. Their only way way to make you obey the laws that you obviously don't agree with is with the real threat of big fines - Probably $200 - $500. And you may get fired too

http://local.lancasteronline.com/4/7067
 

JETX

Senior Member
Somekid68 said:
I was wondering if I have a potential case for entrapment.
Simple answer.... no.
Besides the obvious..... this wasn't entrapment. No one 'induced or encouraged' you to break the law. You did it on your own.

entrapment
n. in criminal law, the act of law enforcement officers or government agents inducing or encouraging a person to commit a crime when the potential criminal expresses a desire not to go ahead. The key to entrapment is whether the idea for the commission or encouragement of the criminal act originated with the police or government agents instead of with the "criminal." Entrapment, if proved, is a defense to a criminal prosecution. The accused often claims entrapment in so-called "stings" in which undercover agents buy or sell narcotics, prostitutes' services or arrange to purchase goods believed to be stolen.
 

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