Cops doing Controlled Sales?

[theounceler]

Perhaps this is a stupid question, but I was talking to some of my more moronic friends and I brought up the idea of cops doing controlled sales, just as they do controlled buys. My question is can undercover police officers legally sell you drugs, or attempt to then arrest you? My friends seemed pretty convinced it is against the law, but I don't really understand why or how it would be. Their reasoning for this was its illegal to sell drugs, therefore police officers cannot sell you drugs. However, that reasoning doesn't make much sense considering it is also illegal to buy drugs, and undercovers certainly can do that. I understand if they do do this it is probably far less common than a controlled buy, and typically they are looking to bust the source, not just a consumer. But I'm pretty curious, also I want to prove my friends wrong.

 

[ogkush420]

Actually controlled sales happen all the time i live in florida a buddy of mine got busted when he bought 2 zips and some roxys

 

[theounceler]

As I suspected. I didn't think doing a reverse sting operation would count as entrapment.

 

[TruenoAE86coupe]

Entrapment has gone out the window at this point.
Cops has had these on since at least the mid 90's. They want to bust everyone they can, they don't care how small or petty.

 

[redivider]

it's only entrapment if you are told to do something or else....

for example, if a cop tells you buy this weed or i'll fuck you up. < illegal.

if you do something out of your own free will it's your own fault. anyways, it's usually counterfeit drug looking shit... that's why they normally sell 'cocaine' or 'rocks'... it's usually some sort of legal, drug-looking powder or rock candy....

 

[kbo ca]

cops cant advertise sales of drugs and arrest you when you buy it. They can only solicit to your sales then arrest you for it. The fact that you are asking this question in the first place should be answer enough for you. If they could do it, you would have heard about it by now.

 

[TruenoAE86coupe]

Why can't they?
What is to stop them from busting the corner dealer than putting there own person there to bust everyone who buys from them? They have done this and put it on TV. This is a drug WAR, and they aim to make as many arrests as they can. that is they only way the can measure their "success".

 

[Rtazmann]

back in the day we used to call that entrapment,,which is illegal,,,,( you are wrong by the way),,,i don't know what was done to our constitution with that but it is illegal,,,,i believe when you went to court with a lawyer beside you with any charges like that,,,,, charges would be thrown out,,,i did say lawyer,,,not just anyone,,,,, at least 1 that would be a little better than average.

 

[$waGgEr]

controlled sales are rare and typicly only happen in police states..like florida.. and yes entrapment has indeed gone out the window.

 

[kbo ca]

Why can't they?

What is to stop them from busting the corner dealer than putting there own person there to bust everyone who buys from them? They have done this and put it on TV. This is a drug WAR, and they aim to make as many arrests as they can. that is they only way the can measure their "success".

They can't do it, because it is illegal. They haven't done this and put it on TV, because it is illegal. You haven't seen it on TV because it doesn't happen.

 

[theounceler]

I've found a few random articles about it, one was a case in Florida. I can't seem to find anything in the Sentencing Reform Act or anything about reverse sting operations. I have read about Reverse Prostitution stings also. I know entrapment is a hard claim to make in sting operations.

 

[born2killspam]

If they want to they'll find a way around the rules.. Either by posing as a public dealer and waiting for buyers to say enough to cross the line on their own, or by using a patsy dealer who doesn't need to follow the same rules etc..If they do this, odds are their hoping to nab ppl who they can get to narc on unknown dealers easily.. So it's likely you'll just be strong-armed for info, and if nothing ever goes to court accusations against them won't matter..

 

[TruenoAE86coupe]

They can't do it, because it is illegal. They haven't done this and put it on TV, because it is illegal. You haven't seen it on TV because it doesn't happen.

Well that really clears things up. How is it illegal? Exactly what law would they be breaking? How do they not break this same law when they do buy operations?
And most importantly, how the hell do you know what I've seen on TV? I have watched cops for years, basically since the start of the show in 1989.

Here is just one case history, i am sure i can find dozens more. http://www.ndcourts.gov/court/opinions/910138.htm
It happens all the time, do you have a chance to get out of it? Slightly but with the way entrapment laws are written, unless they called and begged you to buy the drugs then you are pretty well SOL.
Just cause you think they shouldn't do it doesn't mean they won't.

 

[racerboy71]

i have been arrested 2x's in sting operations where the cops sell you drugs than arrest you, the problem is, they don't actually sell you drugs, but rather pancake mix for heroin, and some other shit for coke...
i do believe it is illegal for cops to sell you actual drugs as has been said in this thread already, and ime, it has held true both times...

the reason cops can buy drugs from people than arrest them is because the cops aren't the ones breaking the law by possessing and selling drugs, it would be the dealers..

also, never understood how i was charged w/ possession when all i had was pancake mix, but that's what happened..

 

[born2killspam]

Many places have intent/belief aspects to laws like that.. Mainly so that they can nail dudes scamming on the streets with fake drugs..

 

[Moses Mobetta]

Cops are not always within the law, they do a lot of illegal stuff. Especially in regards to busting everyone elses asses.

 

[born2killspam]

Yea, but they usually aren't stupid about it.. Prosecutors get really pissy with them when they are..

 

[kbo ca]

Well that really clears things up. How is it illegal? Exactly what law would they be breaking? How do they not break this same law when they do buy operations?
And most importantly, how the hell do you know what I've seen on TV? I have watched cops for years, basically since the start of the show in 1989.

Here is just one case history, i am sure i can find dozens more. http://www.ndcourts.gov/court/opinions/910138.htm
It happens all the time, do you have a chance to get out of it? Slightly but with the way entrapment laws are written, unless they called and begged you to buy the drugs then you are pretty well SOL.
Just cause you think they shouldn't do it doesn't mean they won't.

That link you posted is classic. Your friend gets busted, then agrees to sell you drugs under surveillance. The cops didn't sell him drugs, they recorded his friend selling him drugs. So yes they can do that. But they can't offer to sell you drugs (which is the illegal part) and then arrest you for it.

 

[curious2garden]

I started to launch into an entire explanation of entrapment but just read this. It explains this concept better than I can. But one thing I will add is it's an affirmative defense and relies on proof of intent as a key element so it becomes a difficult point to make. This is precisely the type of argument you pay the big bucks for a skilled attorney to make.

http://legal-dictionary.thefreedictionary.com/entrapment

entrapment n. in criminal law, the act of law enforcement officers or government agents to induce or encourage a person to commit a crime when the potential criminal expresses a desire not to go ahead. The key to entrapment is whether the idea for the commission or encouragement of the criminal act originated with the police or government agents instead of with the "criminal." Entrapment, if proved, is a defense to a criminal prosecution. The accused often claims entrapment in so-called "stings" in which undercover agents buy or sell narcotics, prostitutes' services, or arrange to purchase goods believed to be stolen. The factual question is: Would Johnny Begood have purchased the drugs if not pressed by the narc?

 

[theounceler]

the reason cops can buy drugs from people than arrest them is because the cops aren't the ones breaking the law by possessing and selling drugs, it would be the dealers..

Well, I certainly didn't think they sold you real drugs. I figured they would just arrest you on the spot anyway. The thing is isn't it still illegal to buy drugs just as well as sell them? That seems to be the thing I'm stuck on. But thank you for posting, I always like to hear real life experiences. Sorry to hear you got busted though my dude.