Are there any defenses for defendant who had a police officer order the filling of their known fraudulent prescription?
These are the facts:
- Suspect leaves a voice mail for a fraudulent prescription
- Pharmacist listens to the order and confirms it is fraudulent with the doctor's office
- Doctors office notifies police and the police ask the Pharmacist to stall
- After arrival, the police officer identifies the suspect with the Pharmacist
- Instead of making the arrest for attempt to obtain a controlled substance by fraud, the police officer orders the pharmacist to fill the fraudulent prescription
- The pharmacist fills and notifies the suspect that the prescription is ready for pick up
- The suspect pays for and receives the prescription
- Immediately upon completion of the transaction, the police officer grabs the prescription and arrests the suspect for two crimes: obtaining a controlled substance by fraud and trafficking.
