Police detective John Smith set up an officially authorized "fencing" operation, which purportedly bought and sold stolen goods under the cover of an import-export business.Smith successfully filled a warehouse with stolen property which he purchased from thieves.

Fran went to the warehouse, posing as a customer, with the intent to burglarize the premises.Smith recognized Fran as a known petty criminal in the area and wanted to arrest her for receiving stolen property.Smith told Fran that he worked for Mr. Big, and that if Smith left the building skylight "open" at night, Fran could sneak in and steal goods, making it look like a burglary had occurred, take the merchandise, sell it elsewhere and divide the profits between them.

That night, while Fran attempted to enter the skylight left open by Smith, the roof around the skylight collapsed due to weakness from weathering and Fran fell to the floor breaking her back.When she fell to the ground, the gun she was holding misfired due to faulty manufacture and injured her hand. She was arrested for burglary.Later, she filed civil lawsuits against Smith and the local police department and against the gun manufacturer.

Discuss the potential crimes/defenses.Also, will Fran win her negligence case?