When Police Misuse Informants: Recognizing Entrapment and Protecting Your Rights

Understanding the Power Informants Hold

Police across New York State rely heavily on informants. In some cases, that means working with someone who’s been arrested and now wants to avoid jail time. In others, it means law enforcement using someone already inside a local community to gather information or lure someone into a sting. These tactics often happen behind the scenes and without proper oversight.

But informants hold a dangerous amount of influence when police don’t draw the line. If you’re pressured into a crime you wouldn’t normally commit, that’s abuse of power. At Horn Wright, LLP, our civil rights attorneys understand how these situations unfold. We know how to identify police misconduct involving informants, and we’re here to help New Yorkers push back when their rights are violated.

How Law Enforcement Uses Informants 

Police departments, federal agencies, and New York State task forces use informants in all kinds of investigations. You’ll find them in drug arrests, weapons charges, and conspiracy cases. Sometimes, they’re used to infiltrate street gangs in places like the Bronx or Syracuse. Other times, they quietly supply tips in lower-profile cases in smaller towns like Poughkeepsie or Geneva.

Not every informant is the same. Some are paid confidential informants (CIs) who work closely with narcotics officers. Others are cooperating witnesses trying to reduce their own prison sentence. Some operate undercover and actively set up sting operations.

Many of these individuals have something to gain, such as reduced sentences or financial incentives. That creates pressure, which can lead to unethical behavior. Especially when the person on the receiving end never had criminal intent.

Recognizing Entrapment Under New York Law

Entrapment occurs when law enforcement, or someone working with them, induces a person to commit a crime they would not have otherwise committed. This law gives you a powerful defense, but only if the facts support it.

Courts look at two key elements:

1. Predisposition: Whether you were already inclined to commit the crime
2. Government conduct: How far police or informants went to push or persuade you

If, for example, an informant repeatedly pressures you to take part in a drug deal and you finally give in, that may qualify as entrapment. But if you were already pursuing that kind of opportunity, it likely will not.

Deception alone isn’t enough. The question is whether the idea to commit the crime came from you or from someone acting on behalf of the police.

Signs That an Informant Crossed the Line

Informants sometimes go far beyond their role. In some New York cases, they manipulate, pressure, or bait individuals into actions they otherwise wouldn’t take. Recognizing these signs early can make a difference in your case.

You may have been manipulated if:

• The informant offered drugs, money, or weapons to get you to act
• They repeatedly contacted or threatened you when you tried to walk away
• They used emotional appeals, like bringing up personal struggles or loyalty
• They escalated the situation and turned a conversation into a planned crime
• They targeted you after earlier run-ins with law enforcement
• You felt like refusing would somehow get you into more trouble

These tactics occur throughout New York, from urban areas like Yonkers to rural regions where police oversight is thinner. And when informants act with that level of influence, they begin to blur the line between witness and instigator.

How New York Courts Analyze Entrapment Defenses

New York courts follow a specific process when evaluating an entrapment claim. First, your defense team must raise enough evidence to put entrapment on the table. Then the prosecution must prove, beyond a reasonable doubt, that you weren’t entrapped.

Judges and juries consider:

• Your history and background
• Any evidence of predisposition to commit the crime
• Who initiated contact and how the crime was discussed
• The presence of recordings, texts, or witness accounts

These details help courts decide whether law enforcement created the crime or merely observed one in progress.

Entrapment defenses are complex and depend on how your lawyer presents the facts. Some cases involve informants who take things too far. Others highlight patterns of police misconduct that turn an investigation into a trap.

Your Rights During Police Investigations in New York

Whether you’re approached in person, online, or through a friend, you have constitutional rights when dealing with informants or undercover officers in New York.

You can:

• Remain silent at any point
• Refuse to consent to searches without a warrant
• Ask for a lawyer before speaking with anyone tied to law enforcement
• Say no to any request that feels suspicious
• Walk away from any meeting or setup

These rights apply across the state, from Manhattan to rural counties like Delaware or Otsego. They are protected under both state and federal law.

You also have protections under New York’s civil rights law, which can come into play if law enforcement violates your constitutional boundaries.

Misuse of Informants Can Undermine Public Trust

The use of informants in criminal investigations can raise concerns, especially when those individuals cross ethical or legal lines. In many cases, improper tactics include deceptive pressure, enticement, or manipulation that would not hold up in court.

When informants overstep, their conduct can lead to wrongful charges, eroded trust in the justice system, and the violation of individual rights. Some operations involve hidden surveillance or questionable recordings, including instances where people were recorded without consent during informal meetings or setups.

Improper informant use does not just harm individuals, it also damages entire communities’ faith in law enforcement.

How Defense Attorneys Challenge Entrapment and Informant Misuse

Defense lawyers in New York use several tools to expose improper informant behavior and build strong cases around entrapment or civil rights violations. These strategies involve:

• Investigating the informant’s criminal record and cooperation history
• Demanding full disclosure of any deals between the informant and prosecutors
• Filing motions to exclude evidence gathered through coercive methods
• Reviewing surveillance and digital communications
• Cross-examining the informant to highlight contradictions or dishonesty

Attorneys can also reference case law or government policies to hold prosecutors accountable for working with unreliable informants.

In many cases, defense attorneys also identify broader patterns of behavior that lead to entrapment, helping clients challenge not just the charge, but the tactics used to build the case.

What You Should Do If You Suspect Entrapment in New York

If you believe an informant set you up, taking immediate and calm action is critical. Don’t argue, threaten, or try to fix it yourself. You need to preserve your position, not worsen it.

Here’s what to do:

• Avoid confrontation, even if you feel deceived
• Save any messages, call logs, or recordings related to the interaction
• Refrain from contacting law enforcement without a lawyer present
• Write down the timeline and your interactions while fresh in your mind
• Speak with a criminal defense attorney who understands how these cases unfold in New York

The sooner you act, the better your defense can be. A skilled attorney may even uncover false imprisonment or civil rights violations during the investigation process.

Protecting Yourself From Informant Misconduct

Informants can help law enforcement, but they are not above the law. When they cross the line, your rights, and your future, may be at risk. Entrapment is real, and when proven, it can change the outcome of a case.

If you believe an informant went too far, or you were pressured into criminal activity, you don’t have to face it alone. At Horn Wright, LLP, we are here to stand up for your rights and hold the system accountable. Let us help you fight back the right way.