What exactly is “Conspiracy to Possess?

I was giving a couple of friends rides to 2 separate towns. After dropping the first person off, we proceeded to the next town. On the way to the next destination my ‘friend’ asked if we could go pick up his friend and bring him back with us to original destination. I agreed even though it was about an hour out of the way. Long story short, we got to this town to pick up his ‘buddy’ and were pulled over by the Task Force, arrested, and charged. He thought he was texting his friend when all along it was an officer. Is this entrapment?

Asked on July 16, 2012 under Criminal Law, North Dakota


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

Any criminal charge which includes a "conspiracy" to act or commit a crime means that you acted in agreement with other persons to commit or attempt to commit a crime. In this case, the officers are lumping you in with these other parties by alleging that you conspired with them to participate in either the sale or possession of illegal goods. Entrapment occurs when the officer's induces someone to engage in criminal activity whom normally would not be criminally disposed to commit a crime. Texting back and forth criminal plans or a criminal intent to commit a crime with an undercover officer is called being stupid, not entrapment.

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