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People v. Johnson

647 N.W.2d 480 (2002)

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People v. Johnson

Michigan Supreme Court

647 N.W.2d 480 (2002)

Facts

Officer Jessie Johnson (defendant) owned a rental house in Pontiac, Michigan. A former tenant reported to Pontiac police that Johnson arranged and protected drug sales in the house in exchange for a significant share of the profits. Because Johnson was a Pontiac police officer, Pontiac police requested assistance from the Michigan state police to investigate Johnson. Johnson’s former tenant introduced Johnson to an undercover state police officer, Lieutenant Sykes, who acted as a major drug dealer and offered to pay Johnson for personal protection and security against any swindles during drug deals. Sykes staged a drug deal. During the deal, Sykes handed the drugs to Johnson to inspect and inform Sykes if there were any problems. After the deal, Sykes paid Johnson $1,000 and asked whether Johnson wanted to participate in future deals. Johnson said that he did. Sykes staged a second deal, where the state police arrested Johnson. The state (plaintiff) charged Johnson with cocaine possession with intent to deliver. Johnson moved to dismiss, alleging entrapment. The trial court granted Johnson’s motion. The state appealed. The intermediate appellate court affirmed. The state appealed.

Rule of Law

Issue

Holding and Reasoning (Young, J.)

Dissent (Cavanagh, J.)

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