Posted On: September 23, 2009 by Shouse Law Group

Are You a Cop?

An old urban legend has it that undercover cops must disclose their police status if a suspect inquires. So if a drug dealer about to sell to an undercover asks "Are you a cop?", the legend has it that the UC must identify himself or else run afoul of the entrapment rules.

But California entrapment law imposes no such requirement on the police. Cops may pretend not to be cops. They may even deny adamantly their true status in order to reassure suspects. Otherwise, undercover operations would be pointless.

So where does California entrapment law draw the line? The cops can't persuade normally law-abiding citizens to engage in crime--or agree to engage in crimes--that they were not otherwise predisposed to commit. For example, if undercover cops come to your home and offer you large amounts of cash to engage in a fraud scheme--one you otherwise never would have considered--that's probably entrapment.

On the other hand, if you're cruising Sunset Blvd late at night, approach an undercover cop posing as a prostitute and agree to offer money for sex: that's probably not entrapment. In the latter case, you were already predisposed to solicit a prostitute. So the criminal intent originated with you, not the police.

Whether particular police conduct constitutes entrapment depends on a variety of circumstances. Always consult an experienced criminal lawyer to see whether this or other legal defenses apply to your case.

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