Does a police officer have to tell you he’s a cop if you ask?
A police officer does not have to tell you he's a cop if you ask. You may think that a cop not telling you he's a police officer is entrapment, but it's not. Dishonest is not entrapment. Entrapment means that the police persuaded you to commit a crime you had no intention of committing at the outset. Learn more below about criminal transactions, entrapment, and why police officers don’t have to identify themselves when asked.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
UPDATED: Jul 14, 2023
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We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
UPDATED: Jul 14, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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No. This is perfectly legal in most jurisdictions. Your question repeats one that is often asked, as people for some reason assume that dishonesty by a police officer should always lead to a dismissal. It is only police tactics that could deprive you of some constitutional right that will lead to suppression of evidence and a subsequent dismissal.
What is entrapment?
You didn’t use the word, but your question is centered around the legal doctrine of “entrapment,” but this term does NOT mean simply that you were tricked into getting caught. Entrapment means that the police persuaded you to commit a crime you had no intention of committing at the outset. In your case, you intended to buy the drugs all along. You just didn’t intend to get caught. There is no Constitutional right not to get caught committing a crime. What the law enforcement officer did was only provide you with the “opportunity” to buy drugs, not to force you or convince you to do so.
If you had been approached by an undercover law enforcement officer or civilian agent of the police and offered drugs, and you refused, but he came back repeatedly and urged you to take some, or used some sort of pressure or threats, then this might invalidate the arrest and result in the charges being dismissed. The reason behind this is that the law does not want police creating crime where there was none, in order to make an arrest.
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Who initiated the criminal transaction – the cop or you?
That an officer lies and denies being a cop does not put the initial idea in your mind to buy drugs. Nor does this strategy “urge” you or “pressure” you to buy. He just makes you think that you can get away with it. This strategy is permitted all over the country.
Look at it this way: if federal agents from A.T.F. (Alcohol, Tobacco, and Firearms) were conducting a sting operation to sell machine guns to terrorists, do you think the terrorists should go free because the feds did not disclose that they were cops? I didn’t think so.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.