Creating A Set Up For Police?

Question

I got searched and frisked and all after police saw my friend using and having marijuana in my car while being parked at a gas station. He found the marijuana and told us that he would let us go if in a couple days we call them and create a set up or snitch on someone. He gave us his card with his name and all. Is this legal? And should we do it? And if not, what could he do to us?

It was a blunt and a little bit more, no he didn't cite me or anything, he put it in my mcdonalds bag and i didn't pay attention to where he took it. Plus he gave the card to my friend, not to me.

Wasn't charged, and it was 1 regular cop and the sheriff.

Answer 1

It all depends on if you were charged or not... sounds like you were. If you are actually charged, it is bologna. Cops can't make deals.. only the DA can.

Answer 2

If your friend was smoking marijuana in your car and the police saw him doing it, that's pretty stupid. They caught your friend in the act. If it was just him and him alone, all of the fault is on him and there's nothing that they can do to you, really. (Of course this is assuming that what you said was everything that happened.)

It is perfectly legal for you to volunteer creating a setup or telling on someone for the police. What they're hoping for is that they scared you into doing something for them because you think that you're going to get in trouble if you don't. Well, if you actually did something, they can still charge you even if it is later (e.g. just because they didn't charge you on the scene doesn't mean they didn't see you guys do it, meaning you still committed a crime).

My advice is to not do it. Why should you spend time in court fingering someone that you setup and deal with the resulting retribution later? If they are going to charge you with something later anyway, what's the point? Either they're going to charge you or not, might as well force their hand by not cooperating. Also, yes, they can dismiss charges but they have to have a very, very good reason. If they cited you for something, they can't dismiss the charges, only the prosecution (usually a county attorney) can do that.

Answer 3

Although the opponents to the war on drugs might disagree with this practice it is none the less perfectly legal.

What he is doing is letting a small fish (you) go in order to catch a bigger fish (the person you snitch on). He will probably give the same deal to the person you snitch on in order to get an even bigger fish. This is done in an effort to get at the main supply source. Some may argue that this is a fruitless effort on the war on drugs, but it is a very common police practice and it pays off every once in a while. As long as you give the officer something worthwile, then the criminal charge will either go away as if it never happened or he'll deal with the prosecutor to give you a much lighter sentence.

If you decide not to cooperate, then the officer will probably charge you with possession of Marijuana, typically a misdemeanor in most states. Depending on the area of the country that you live in you could see any where from a simple fine to incarceration.

My advice is that you need to decide whether you can afford to have a criminal charge on your record or not. If you can't afford to have a criminal charge on your record, then it may be in your best interests to either cooperate with the officer or hire a good attorney.

Answer 4

Some people that have posted answers to this question need to WAKE UP! "When police officers don't have anything better to do". Let me tell you someting: Yes, there are "some" corrupt cops in the field, but unlike Rizzo says, MOST are acually decent. To be a Police Officer for most cities and counties, you need at least a 2 year degree and extensive training at a credited Law Enforcement Academy which can cost a lot of time, money, and effort. It's even more education and training to work for the state or at the natonal level. Now, WHY aren't these people getting into Computer Networking? They "almost" have to go throuh the same amount of formal education. What I'm trying to say is: Police Officers do not get into the profession for the money. There is no way, because cops don't get paid that much. IT IS FOR THE PASSION: to serve and protect! If you have respect for the military, you should have respect for Law Enforcement.

Now, to address your question. IT IS perfectly legal and legit (what they are doing). It is a common practice among police agencies. Just like, another person on here put it, They are trying to get the bigger fish, BUT at the same time THEY CAN and THEY WILL prosecute you if you don't cooperate. If you get prosecuted and convicted of a (misdemeanor - usually what it is - depends on your location), You can subject to a fine, probation, and/or prison time (usually on aprox. average of 2 years) (Probation aprox. average of 5 years). AND THIS WILL REMAIN ON YOUR CRIMINAL RECORD. Many, Many, Many Employers are beginning to perform Criminal Checks or hire Private Investigators to investigate it for them. This is something you need to think about.

In the interest of justice, you can make all that go away, or possibly get a lighter sentence. I SUGGEST you cooperate.

...and stay out of trouble...it only leads you into more!

Answer 5

Well my friend you have two options, one you can provide information and assistance and get to walk on your own dope charge; or two do nothing and end up being arrested and charged with weed.
Yes it is legal, you should call. Here's where you are getting confused. Did the fact that he not take us to jail mean he can't charge us...Answer: There are maybe one or two laws in any state in the United States that forces an officer to make an arrest. Should you talk to an attorney? Lets talk about money here. If you snitch on one or two dealers, they could be weed dealers, meth dealers, cocaine dealers, etc. You get to walk free like nothing happened. But if you want to go to court this could cost you thousands of dollars over a 20 sack of weed.
So if you want to pay out the wazoo and think you can beat the case..go for it. But if you want to walk call the cop.
I guess nightking is a wannabe cop alson known as a security gaurd. I have worked only dope for 3yrs and been a cop for 10. You can remain anonymous, you won't have to appear in court, you won't be named in any police reports and their is no way a defense attorney, short of you witnessing a homicide, be able to force the courts to identify you. All you need is a promise of confidentialty from the police.
One pointer though..if this is some small town police or a street cop, tell him you'll work with the local narc officers, not a street cop. Everyone and their mom will know you're snitching then. As to whether or not you'll get charged is up to you. Unlike nightqueens belief that only a prosecutor can decide if you do or don't get charged is also bs. If you never get charged..meaning you have cooperated..then the officer can allow the statue of limitations to run out on your case. There are no laws that require an officer to file charges on every offense he investigates, see's etc. Nightqueen is a real moron in this situation and sounds like a wanabe cop who couldn't for some reason.

Answer 6

Sounds like the small town stuff I grew up with. But then again how much bud did he have you didn't tell that part, and if he didn't charge you or write you a citation at the time of the incident then you know what you do
take that card and tear it up because it sounds to me like it wasn't
enough for him to waste his time on but hey if he could get a bust
out of it why not scare the baked out kid and see if he goes for it.
If he took the weed he probably smoked up with his Buddy's after
his shift but if he made you dump it on the ground then he probably picked it up after and still smoked up with his Buddy's
I used to sell allot of weed in my younger years like 10 to 15 pounds a week and the guy I bought it from was going through
training to be a state trooper he quit after his training was complete but even still that just shows you there just doing a job
like any one else at least most of them anyway so dude I wouldn't
call and I wouldn't sweat it but just don't carry nothing with you
that they can find one day when they have nothing better to do

And if you listen to officer friendly there then you might want to consider changing your address because the person you setup
may not be somebody but the one they do could be.

Answer 7

Police Often make deals and yes it is legal. You can be charged with a crime by the police but if you work a deal with them they are able to dismiss the charges.

My Advice would be to work a deal if it helps you out. The Cops already busted you so if you want to save yourself take someone else out!

Answer 8

A set-up is an invalid method of apprehending a suspect because it constitute as instigation which is not allowed under the Penal Laws.

Answer 9

probably legal to ask of you but since he did not cite you then and there you are not obligated to do it. i wouldn't. he can't come back to cite you now.