How is entrapment by informants evaluated in Georgia criminal defense trials?
It’s evaluated the same way as if a police officer did it, if the informant was acting as a government agent. O.C.G.A. § 16-3-25 covers conduct “induced or solicited by a government officer or employee, or agent of either.” So the first question is whether the informant was an agent at the time.
Agency evidence.
- A written agreement or a deal for pending charges;
- Payment or instructions from police;
- Recorded calls set up by officers;
- Officer presence during the buy.
A private friend acting alone doesn’t trigger entrapment.
Georgia’s three elements. Georgia courts ask whether:
- The idea originated with the government;
- The person was induced by undue persuasion, incitement, or deceit;
- The person wasn’t already predisposed to commit it.
Once there’s some evidence, the state has to disprove the defense beyond a reasonable doubt.
What matters most in informant cases.
| Issue | Tool |
|---|---|
| Identity of the informant | Motion to disclose; Roviaro v. United States (1957) |
| Deal or leniency | Brady; Giglio |
| Prior use by police | Discovery |
| Recordings | Whether all contacts were recorded |
| Repeated contact | Shows pressure |
Admission. McClure v. State (2019) overruled the older rule that a defendant had to admit the act to get an instruction on an affirmative defense. A defendant can accept facts for the sake of argument, though there still has to be evidence of the defense, and a defendant who testifies faces cross-examination.
Sherman v. United States (1958), in the federal setting, involved an informant’s repeated appeals, and it’s a useful comparison. Georgia follows a similar focus on inducement.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.