Background

• Griesemer was convicted of patronizing a prostitute and appealed, contending entrapment was not rebutted.
• Undercover Detective McLemore, posing as a prostitute, proposed money for sex and the act; Griesemer nodded and invited her into his car.
• Detective McLemore stated she could do head for twenty dollars, and Griesemer again nodded, then directed her to a different pickup location.
• Police stopped Griesemer and he was arrested; trial court found him guilty and sentenced him.
• Indiana entrapment requires proving no police inducement or predisposition; the State must rebut one element beyond a reasonable doubt.
• This opinion holds the State proved no inducement, so entrapment was not established; predisposition need not be addressed.

Issues

Key Cases Cited

• Sorrells v. United States, 287 U.S. 435 (U.S. 1932) (undercover tactics allowed to combat crime)
• Gray v. State, 249 Ind. 629 (Ind. 1967) (law enforcement should not manufacture crime)
• Williams v. State, 274 Ind. 578 (Ind. 1980) (unpersuasive officer's statement as inducement; lack of force)
• Albaugh v. State, 721 N.E.2d 1233 (Ind. 1999) (explicit demand by officers can be inducement)
• Dockery v. State, 644 N.E.2d 573 (Ind. 1994) (entrapment burden shift upon inducement)
• Riley v. State, 711 N.E.2d 489 (Ind. 1999) (entrapment requires proof of inducement and lack of predisposition)
• McGowan v. State, 674 N.E.2d 174 (Ind. 1996) (two-element test for entrapment; rebuttal by nonexistence of element)
• Wallace v. State, 498 N.E.2d 961 (Ind. 1986) (how entrapment defense is raised in Indiana)
• Fearrin v. State, 551 N.E.2d 472 (Ind. Ct. App. 1990) (how police involvement is established for entrapment)
• Shelton v. State, 679 N.E.2d 499 (Ind. Ct. App. 1997) (direct participation standard for police involvement)