Arroyo Grande, CA asked in Criminal Law for California

Q: Can a police officer posing as a dealer on Facebook tell you that you are under arrest without a deal being made?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, law enforcement officers can conduct undercover operations online, including posing as dealers on platforms like Facebook. However, for an arrest to be made, there typically needs to be evidence of a crime, such as an agreement to buy or sell illegal substances. Simply interacting with someone who is an undercover officer is not, in itself, a crime.

If an officer posing as a dealer informs you that you are under arrest, this would generally be based on evidence that a crime has been committed or attempted. This could include conversations or actions that constitute an attempt to engage in illegal transactions. Remember, expressing intent and taking steps towards completing a deal can sometimes be enough for an arrest.

If you find yourself in this situation, it's important to remain calm and exercise your rights. You have the right to remain silent and the right to an attorney. Refrain from discussing the case with anyone but your legal representative. If you're concerned about the circumstances of your interaction and arrest, discuss them with your attorney to explore your legal options.

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