Bethlehem, PA asked in Civil Rights and Criminal Law for Pennsylvania

Q: Do you have to cooperate with police in a sting investigation?

My friend was pulled over and had half an ounce of marijuana, the cops did not arrest him but instead told him that in a week they are going to call him to set up a sting to catch his dealer. Is he required by law to go along with this sting? Could he be punished for not going along with it?

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2 Lawyer Answers
Gary Kollin
Gary Kollin
Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: He needs to confer with a lawyer. This is often a ploy by the police to get the person to be an informant

Cary B. Hall
Cary B. Hall
Answered
  • Criminal Law Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: No, he is NOT required by law to assist the police in any fashion. And no, he could not be open to additional punishment for not assisting the police.

But we all know what's going on: the police are saying that they won't charge him with the marijuana possession if he acts as a "confidential informant" to catch his weed dealer. And maybe they won't if he plays their game . . . or maybe they will anyway. Who knows? In any case, possession of a half-ounce of marijuana is considered a "small amount" of weed for purposes of prosecution (in fact, an entire ounce is), and he'll probably only get a slap on the wrist criminally. To assist the cops to get such a minor charge tossed is something he may want to think -- it's very different than, say, assisting the cops to avoid a more serious felony.

Best of luck to him.

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