Utah Entrapment Laws and Cases
The Utah Court has found entrapment where the facts fit the following categories:
(1) inducement based on improper police conduct, see State v. Sprague, 680 P.2d 404, 406 (Utah 1984) (finding persistent pressure by an undercover officer may constitute entrapment), and State v. Kourbelas, 621 P.2d 1238, 1240 (Utah 1980) (finding entrapment where undercover officer initiated suggestion of drug purchase and persistently pursued defendant to buy drugs);
(2) "appeals based primarily on sympathy, pity, or close personal friendship, or offers of inordinate sums of money . . . ." Taylor, 599 P.2d at 503 (finding entrapment where defendant and informant lived together and had sexual relations for approximately three months prior to informant becoming involved with police);
see also State v. Kaufman, 734 P.2d 465, 468 (Utah 1987) (finding entrapment where attractive undercover officer, pretending to be divorced mother of six children having hard times, induced defendant against his "initiative or desire" to buy what she claimed were stolen goods).
State v. Kourbelas, 621 P.2d 1238, 1240 (Utah 1980) - finding entrapment where undercover officer initiated suggestion of drug purchase and persistently pursued defendant to buy drugs.
In Kourbelas, the police agent met Kourbelas at Lake Powell while helping Kourbelas with a fuel problem. the agent, without any prior knowledge that Kourbelas was involved in drugs, asked if Kourbelas could help him obtain some marijuana.
Kourbelas gave the agent his phone number and replied, "I'll see what I can do." Kourbelas, 621 P.2d at 1239. the agent called Kourbelas three times, approximately two weeks later.
See id. Kourbelas never called the agent, although he promised on at least one occasion that he would, but did eventually sell the agent two pounds of marijuana. See id.