Myth Debunking: Why “The Question” Doesn’t Work
Posted on December 18, 2007
Filed Under Criminal Law, Police, Tips |
A staple of cop movies and TV shows is a suspect using “the question” root out undercover officers. The Question is, “Are you a police officer or are you in any way working directly or indirectly with any law enforcement agency?” The idea is that if the person IS a cop then they must tell you or any subsequent law enforcement action is entrapment.
No doubt, you’ve heard it before and maybe thought it was good advice. It’s no surprise that many people think “the question” is important. It’s easy to find people who suggest this as an actual legal defense. They could not be more wrong.
The idea that a police officer is required to identify himself when asked is a myth which has a lot of popular currency. This myth is rarely debunked by cops who believe that it is in their best interest that the public believes this lie. In truth, cops, especially undercover officers, can say and do nearly anything to maintain their cover. In some circumstances, this can include participating in criminal activities and ingesting illegal drugs if necessary. Obviously, if a cop with the latitude to take those steps will not be tripped up by a simple question.
The Bottom Line: “The question” doesn’t work and will NOT provide a defense or evidence of entrapment. You have been warned.
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It’s amazing how people will believe everything they see on TV. It seems like it should be a given that you shouldn’t take legal advice from fiction, but I’m sure many people have fallen for this. But hey, if it helps law enforcement and fools the criminals who think they can rely on the defense of entrapment, maybe the movies and TV shows are doing something right!