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

Question

If I were purchasing a small ammount of an illegal substance and before completing the transaction asked if the seller was in any shape or form an authority, do they have to say "yes", and if they lie is it entrapment?

Say I'm walking down the street and someone asks if I want to buy and I say yes, would that be entrapment if they are a cop?

Answer 1

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.

Answer 2

It is only entrapment if law enforcement coerce you into doing something illegal that you did not initiate. If you are the one who starts the illegal act and they lie about being law enforcement, then you are BUSTED!! For example: You go to the local hooker hang out and pick up a prostitute (that is really an undercover cop) and you ask for sex in exchange for money. Even if you ask if they are a cop you are guilty. OR: you are minding your own business and a prostitute (again an undercover cop) approaches you and offers sex for money. You accept but don't ask if they are a cop. NOT GUILTY. That is entrapment. You were not committing an illegal act until the officer initiated it. They can't engage in illegal activity and arrest someone else for joining in, so to speak.

Answer 3

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

Answer 4

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.

Answer 5

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.

Answer 6

Interesting question. I think the police can lie. The only reason I say this is because if you watch COPS, all the drug dealers and prostitutes ask the undercover cop that question and the cop always lies. Of course, can you believe everything you see on TV? Probably not.

Answer 7

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.

Answer 8

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.

Answer 9

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.

Answer 10

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!