Avoding Undercover law enforcement?

AZgreenthumb

AZgreenthumb

Well-Known Member
Hi rollitup I had a quik hypothetical question suppose you were selling weed illegally before you even sold to someone could you have them sign some kind of sworn affidavit stating that they are not a law enforcement officer nor are they affiliated with any law enforcement agency that way if they lie to you and try to bust you they themselves would be subject to fines or imprisonment would this be possible? is there some type of legal document like this out there? I know this probably is not the best place to ask legal questions but mabey somebody That has had experience in the legal system can answer.
 
CannaCole

CannaCole

Well-Known Member
Wikipedia:

In American jurisprudence, under the rules for hearsay, admission of an unsupported affidavit as evidence is unusual (especially if the affiant is not available for cross-examination) with regard to material facts which may be dispositive of the matter at bar. Affidavits from persons who are dead or otherwise incapacitated, or who cannot be located or made to appear may be accepted by the court, but usually only in the presence of corroborating evidence. An affidavit which reflected a better grasp of the facts close in time to the actual events may be used to refresh a witness's recollection. Materials used to refresh recollection are admissible as evidence. If the affiant is a party in the case, the affiant's opponent may be successful in having the affidavit admitted as evidence, as statements by a party-opponent are admissible through an exception to the hearsay rule.
 
CannaCole

CannaCole

Well-Known Member
So it "could" be admitted as evidence but doesn't change the fact you were doing something illegal.
 
AZgreenthumb

AZgreenthumb

Well-Known Member
CannaCole said:
So it "could" be admitted as evidence but doesn't change the fact you were doing something illegal.
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That's what I thought was just wondering if the undercover could potentially be sued if they were to violate said affidavit? just a theory don't know if it would work.
 
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deadgro

Well-Known Member
AZgreenthumb said:
Hi rollitup I had a quik hypothetical question suppose you were selling weed illegally before you even sold to someone could you have them sign some kind of sworn affidavit stating that they are not a law enforcement officer nor are they affiliated with any law enforcement agency that way if they lie to you and try to bust you they themselves would be subject to fines or imprisonment would this be possible? is there some type of legal document like this out there? I know this probably is not the best place to ask legal questions but mabey somebody That has had experience in the legal system can answer.
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Cops are allowed to lie to you outside of court:
Frazier v. Cupp, 394 U.S. 731, 739 (1969)

Also, look up "qualified immunity." LEOs are generally protected from civil suit while acting in an official capacity, unless they were negligent or using coersion.
 
D

deadgro

Well-Known Member
Fyi I'm not a lawyer, but I've looked into this quite a bit, and that's what my research has shown.
 
AZgreenthumb

AZgreenthumb

Well-Known Member
T
deadgro said:
Cops are allowed to lie to you outside of court:
Frazier v. Cupp, 394 U.S. 731, 739 (1969)

Also, look up "qualified immunity." LEOs are generally protected from civil suit while acting in an official capacity, unless they were negligent or using coersion.
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Thanks this gave me what I was looking for.
 
WeedFreak78

WeedFreak78

Well-Known Member
You need to look t your states laws. I don't know about all states in my state if you ask someone if they are a police officer, they have to admit to it if they are, but I know there is a provision in my state for official undercover work. A friend was busted about 5 yrs ago while rolling a blunt in his car at a convenience store, a guy saw him, asked him if he had any extra, my buddy, jokingly asked if he was a cop..guy said no..so my bud sold him an eight..guy was an off duty cop and arrested my buddy. The cop admitted that my buddy asked if he was a cop and the cop said no..case got thrown out because of that.

Also, NO legal document, has any power unless the state decides to enforce it, any attorney will tell you that ANY legal document can be made invalid for hundreds upon hundreds of different reasons.
 
A

anzohaze

Well-Known Member
AZgreenthumb said:
Hi rollitup I had a quik hypothetical question suppose you were selling weed illegally before you even sold to someone could you have them sign some kind of sworn affidavit stating that they are not a law enforcement officer nor are they affiliated with any law enforcement agency that way if they lie to you and try to bust you they themselves would be subject to fines or imprisonment would this be possible? is there some type of legal document like this out there? I know this probably is not the best place to ask legal questions but mabey somebody That has had experience in the legal system can answer.
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Tell them you want to see some tit's or dIck.
 
AZgreenthumb

AZgreenthumb

Well-Known Member
WeedFreak78 said:
You need to look t your states laws. I don't know about all states in my state if you ask someone if they are a police officer, they have to admit to it if they are, but I know there is a provision in my state for official undercover work. A friend was busted about 5 yrs ago while rolling a blunt in his car at a convenience store, a guy saw him, asked him if he had any extra, my buddy, jokingly asked if he was a cop..guy said no..so my bud sold him an eight..guy was an off duty cop and arrested my buddy. The cop admitted that my buddy asked if he was a cop and the cop said no..case got thrown out because of that.

Also, NO legal document, has any power unless the state decides to enforce it, any attorney will tell you that ANY legal document can be made invalid for hundreds upon hundreds of different reasons.
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There is no law on the books that says a cop has to tell you he's a cop if you ask as deadgro said above (Frazier vs cupp)it is not illegal for cops to lie to you outside of court. this has been a rumor for decades now. If this were true most undercovers would not make it past there first meeting!
 
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