Frequently Asked Questions - myths
No. It's commonly believed that undercover police have to reveal their identity when asked. This is false. Police are allowed to lie in order to make arrests.
Undercover officers in particular are very skilled at manipulating suspects and concocting clever stories to conceal that they are police. Note that police can also use drugs and do other things you wouldn't expect a cop to do.
There's no trick for finding out if someone is an undercover officer. If you're concerned about this, just be careful around people you don't know and reconsider any activities that are making you nervous. The one thing all undercover cops have in common is that they want people to commit crimes. Avoid anyone who pressures you to do something illegal.
Entrapment is a legal defense -- like insanity or self-defense -- in which the defendant argues that police caused him/her to commit the crime. In other words, entrapment claims the police conceived the idea for the crime and provided the means, motive and or opportunity for the defendant to do the criminal act.
A famous entrapment case involved John DeLorean, the designer of the eponymous silver sports car featured in the Back to the Future Movies. At the time, DeLorean's car company was in deep financial trouble. Seizing upon this knowledge, FBI agents approached DeLorean, who had no prior criminal record. They convinced him to distribute cocaine promising that the profits would be enough to save the company.
After DeLorean's lawyers raised the entrapment defense, he was found not guilty of illegal drug trafficking.
For laypeople, the concept of entrapment is a common source of confusion. For example, a drug defendant caught in a "buy and bust" sting involving undercover officers could not successfully use the entrapment defense in court. Such a defendant could not credibly claim that he'd otherwise be unable or unwilling to buy drugs elsewhere.
There are several factors that the judge would take into account when deciding an entrapment case, including the defendant's ability to commit the act or whether or not the defendant has committed similar crimes in the past. For example, an entrapment defense might fail if the defendant committed the crime skillfully, because this shows that they know what they are doing.
There are many reasons to be concerned about the constitutional impact of the PATRIOT Act and War on Terror. But as far as the powers of your local sheriff or state highway patrol are concerned, they have had zero impact.
That being said, be mindful that some police officers may use the threat of terrorism to trick citizen's into believing they have enhanced search and interrogation powers. For example, police may justify a routine traffic search request by claiming "I'm just searching for guns and explosives". This is simply a cynical way to trick citizens into compliance.
Don't fall for it. You have the right to refuse search requests by asking "Officer, am I free to go." Repeat if necessary.
No. Many people believe that they can "beat the case" if the officer doesn't read them their Miranda rights during an arrest. This is a myth.
The only time an officer must read a person his or her Miranda rights is when: (1) the person has been placed under arrest, AND (2) the officer is about to question the person about a crime. For example, if you're placed under arrest after consenting to a search request and confessing to ownership of found contraband, police do not need to read you your rights unless they want to question you about an unrelated crime.
The courts have made clear that police do not have to tell you about your right to refuse searches. Also, despite the myth to the contrary, an officer does not need to get your consent in writing; oral consent is completely valid.
If you're arrested, don't rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I'm going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They're your best protection if you're under arrest.
Remember that anything you say can and will be used against you in court. So don't try to talk yourself out of the situation, and don't make small talk with police either.
