Andrew Keegan Case Summary

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Conclusion: The court will likely hold that Andrew Keegan’s (“Mr. Keegan”) actions were a product of a law enforcement officer in influencing his conduct therefore establishing an entrapment defense. Rule: For purposes of entrapment defense, a defendant’s conduct is the product of a law enforcement officer when the officer plays a direct role in influencing the defendant to engage in the conduct through an explicit order. Albaugh v. Ind., 721 N.E.2d 1233 (Ind. 1999). Explanation: For example, in Albaugh’s, Deputy Sheriff Dale Maxie arrested William E. Albaugh (“Albaugh”) for driving while intoxicated. Albaugh left his home in his pickup truck and within a quarter mile from his home had it break down. He then turned on his hazard lights and left it on the edge of the road. After walking home, Albaugh decided to drink alcohol with his girlfriend, while the weather was rapidly deteriorating due to snowfall. Shortly afterwards, Deputy Sheriff Dale Maxie (“Deputy Maxie”) and Jailer Barry Bischoff arrived at his home after finding his vehicle on the side of the road and subsequently running the license plate. Deputy Maxie wanted Albaugh to immediately remove his vehicle, claiming it was a road hazard. Mr. Albaugh attempted to persuade the officer that due to inclement weather moving his …show more content…

Keegan to engage in prohibited conduct through an explicit order, and thus satisfying the element of an entrapment defense in question. In Albaugh’s, Deputy Maxie had Albaugh leave his home in the middle of the night to remove his vehicle off the road in a means that could have included him driving it home. Similarly, an officer had Mr. Keegan engage in picking up a firearm off the floor. Albaugh had evidence that he had no intention to leave for the night and would not be leaving his home until the following day. Similarly, Mr. Keetan had no intention to possess a firearm either permanently or

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