Undercover Cops and Entrapment in MA: What To Know

"Are you a cop"? - We've all heard this line the movies - and the line is always delivered by the actor like the undercover police officer must answer with the truth. So, what's the deal here?

In Massachusetts, undercover police officers are allowed to work in secret to catch people breaking the law. You might see them in movies or TV shows pretending to be someone else, like a drug dealer or a regular person.

Do they have to tell you they’re a cop if you ask?

A common question is: do they have to tell you they’re a cop if you ask? The answer is no. Undercover officers can lie about their identity. This is because telling the truth could ruin their investigation and make it hard to catch criminals. For example, if someone asks, “Are you a cop?” they can say “No” and keep working undercover. This is totally legal in Massachusetts and most other places.

What they can't do: Entrapment

Another important thing to know is about entrapment. Entrapment is when a police officer tricks or forces someone into committing a crime they wouldn’t normally do. In Massachusetts, this is not allowed. For entrapment to happen, the officer would have to pressure you a lot, like threatening you or begging you over and over to do something illegal.

This myth likely stems from a misunderstanding of the legal doctrine of “entrapment.” However, “entrapment” does NOT mean simply that you were tricked into getting caught. Entrapment means that the police persuaded you to commit a crime you had no intention of committing at the outset. -arjalaw.com

Just giving you a chance to commit a crime, like offering to buy drugs, isn’t entrapment. If you were already willing to break the law, you can’t claim entrapment. For example, if an undercover cop asks to buy drugs and you sell them, that’s not entrapment because you chose to do it.

Undercover officers must follow rules to make sure they’re not unfairly tricking people. If you think you were entrapped, you can talk to a lawyer to see if you have a defense. Knowing your rights helps you stay safe and understand what police can and can’t do.