State v. Powell

The Honolulu Police Department ran a series of drunk-decoy operations in response to a rise in thefts and robberies; across eleven operations, nineteen people were arrested, including Laverne Powell (defendant). In Powell's arrest, an officer lay on the ground pretending to be drunk with a visible wallet protruding money from his back pocket; Powell walked by, doubled back, and stole the wallet, and undercover officers detained her as she tried to leave. Powell was charged with theft and moved to dismiss before trial, arguing the undisputed facts established entrapment under Hawaii's entrapment statute, which provides a defense when a law-enforcement officer's inducement creates a substantial risk that the offense will be committed by persons other than those already ready to commit it. The trial court granted her motion to dismiss.