In cases in which people commit a crime in the presence of an undercover cop, their defense could include police entrapment. This defense can apply in courts everywhere from California to Florida, and it involves claiming that the police officer set up the person to commit the crime. However, that defense doesn’t tend to go anywhere as much of it comes from common misconceptions about undercover cops. Therefore, it is important to understand what is true and what is a myth when it comes to undercover cops.
An undercover cop needs to tell you that they’re a cop
Perhaps the most common misconception, and one often promoted by movies and TV shows, is that an undercover cop must tell you that they are law enforcement. Many people try to use this criminal defense in court. The reality is that not only does a cop not have to tell you that they are law enforcement, but they can even lie to you for you to admit your crime.
Only a conversation occurred, so they can’t arrest me
Another misconception involves the actions that took place. Some may believe that because they only spoke to the cop that they could not face arrest. This is not true as simply talking about committing a crime, such as paying for sex or purchasing drugs, is enough to place you under arrest.
Promise of a simple ticket or shorter jail time
If an undercover cop arrests you, they may begin to make promises to you. This may involve giving you a simple ticket or even letting you go free. The fact is that cops have no obligation to keep their promises. Remember, anything you say and do will be used against you in a court of law.
If you feel like an undercover cop wrongly arrested or mistreated you during an encounter, it is in your best interest to seek the legal representation of an attorney. This may help you receive a positive outcome at the end of your case.