Is it entrapment if you ask if the dealer is a cop and they say no?

No, cops do not have to tell the truth when they are working a case, talking to witnesses, etc. They have to tell the truth in their reports, and on the stand, etc., but not when they are "out in the street."

To prove entrapment - a valid defense - you have to prove three things:

1) The idea of committing the crime came from law enforcement officers, rather than the defendant.

2) The law enforcement officers induced the person to commit the crime. Courts have traditionally maintained a high burden of proof for inducement. Simply affording the defendant the opportunity to commit the crime does not constitute inducement. For inducement to be proved, officers must have used coercive or persuasive tactics.

3) The defendant was not ready and willing to commit this type of crime before being induced to do so. If an undercover cop bought cocaine from a person carrying a kilogram of the drug, the seller could not plead entrapment, even if coercion were involved in the sale, since his intent to sell was clear. Most courts also allow a defendant's predisposition to be demonstrated through prior conduct or reputation.

TheSilence

Entrapment can be argued when the defendant can claim that they had no previous intent to commit the crime before speaking with the officer. The problem with that argument in this case is that it would be hard to argue that the intent was not there if you were in possession of drugs.

machine_head_327

OK...this is the BIGGEST law enforcement myth EVER!
The officer is undercover and playing a "role". He/she DOES NOT have to identify themselves or tell the truth in any way, shape or form. IT IS NOT ENTRAPMENT!!

nate7799_98223

they dont have to answer that truthfully

Demun

They don't have to say yes anymore, they did away with the entrapment law around the same time they got rid of the statute of limitations.
Watch the show "Cops" dude they sell to people all the time on there then turn around and bust them......make sure you know who you're buying from bro

moolie_wfo

No they dont good luck on your purchase

when they are undercover they do not have any legal need to be truthful to you. If you don't want busted don't buy it

rummy714

No man. It doesn't work that way. If it did there wouldn't be any undercover cops. The police are only required to identify themselves at the time of the arrest. Not while they are gathering evidence for it.

eMale

Problem is if you ask you get arrested for intent to buy which is the same thing. Don't do it.

fandd20006

dont give any money or drugs to anyone until you got them drunk.

swarr2001

Please get a job and stop using drugs. Saying a 'small amount of an illegal substance' is like saying 'I was just buying it for a friend.' You are trying to set a fool-proof way out and it doesn't exist. If you do the crime, be prepared to do some serious time.

Joe94803

The police uses undercover work because it is a successful tactic. Do think they would spend the time and money to undergo such operations if they can be twarted by a simple yes or no question? Asking if someone if he or she is police or otherwise will no keep you out of jail.

Constance Olivia

no they don't have to tell you they are police officer. If you are attempting to purchase illegal drugs how is that entrapment?

jgain

It's an urban legend. The police ARE allowed to lie to you..

Willnotlietoyou

If they say no and you walk away,then they arrest you anyway.Yes it is.But if you're stupid enough to complete the transaction,got you red handed.They lie and say no all the time,that is so you will complete the deal,then arrest you.

BoredBookworm

Old urban legend with absolutely no legal validity whatsoever. Entrapment means you were talked into doing something that you would ordinarily not have done. A police officer may unquestionably maintain cover by denying his real profession, and this does not constitute entrapment.

lcmcpa

If someone approaches you and then lies about being a cop, they are indeed guilty of entrapment.

You would not have committed the illegal activity without their enticing you and lying to you.

D-Train

watch COPS...they don't have to tell you anything if they are undercover

AlbertaGuy

If You asked the Cop before starting the transaction...they must answer Yes!

If the transaction is already underway...I'm afraid You're Nailed!

melissa

yes, they can say anything......but on the good side, if you catch an honest one, they have the best drugs

J Love

I don't know, let's find out what the people have to say.

surelynotme

No, it is not entrapment, and yes you are a criminal who needs to be in jail if you do that. Lying is not illegal.

sirgrumpy1

No, that is just good police work......If you are breaking the law, you need to pay the price.....

gymfreak

No they do not have to tell you the truth. Don't you watch COPS or MaxX?

JÃ¡e

When a person is predisposed to commit a crime, offering opportunities to commit the crime is not entrapment, a widely held misconception similar to the idea that policemen must answer questions truthfully if they are asked the same question three times, or that they must say "yes" if asked if they are a police officer.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: