andrel wrote:
> On 26-1-2010 23:19, Warp wrote:
>> andrel <a_l### [at] hotmailcom> wrote:
>>>>   That seems to make the whole "entrapment" notion kind of moot.
>>
>>> Not really. A policeman cannot say to somebody: "my friend here needs
>>> weed for medicinal purposes and if you can get him that, I'll look
>>> the other way" and then arrest. But he is allowed to say "I need it
>>> as medicine" as long as he is not identifiable as an officer.
>>
>>   If he says "I'm a doctor and my friend here needs weed", then it is ok?
>>
> Yes, because he is not giving the impression that he has the authority
> to arrest but won't. So he can legally arrest the poor guy. (at least
> that is how I understand US law as a foreigner).
> 

That would be a real borderline case. The cop is posing as someone with
the apparent authority to make that a legal request in some states. If a
person believes they are acting lawfully and under the advice of state
authority, I think that would fall into entrapment by estopple. And
since the cop is posing as a doctor, which would be practicing without a
license (major crime) I don't think that would ever be upheld.

Post a reply to this message