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Message Board > Special Interest Forums & Discussion Groups > Legal Issues for Cruisers   A Technical (Legal) Question

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Old 20th July 2009, 03:10 PM
Cruiser
 
Join Date: Apr 2002
Posts: 23
A Technical (Legal) Question

I was searching here to find some specific information today, but have not been able to find it.
In a recent conversation about sexual conduct that might get you arrested, especially about a police officers responsibilities in the area of identifying him/herself as such.

I remember hearing many times that a police officer must truthfully answer the question, "Are you a cop?" - the idea being that you can prevent trouble by 'making sure' that whomever you are with isn't there to bust you.
But I thought I read in some CFS post that that is not true. It seems more logical that police must be given some leeway in pursuing (actual) criminals.

I'm interested in general responses to this question, but since I live in Minnesota - I'd especially like to hear from you if you have specific info about Minnesota.

Thanks,

Jael
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  #2  
Old 20th July 2009, 10:13 PM
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Join Date: Jul 2007
Posts: 14
Plainclothes Cops Do Not Have To Disclose Cop Status

Short answer: Plainclothes police DO NOT have to respond truthfully to question, "Are you a cop?"...and they generally will not truthfully respond, After all, they've gone through all that effort to convince their prey otherwise.

This is a wildly pervasive fiction, and alot of people have suffered dire consequences from believing in this myth and beoing lulled into relating to a plainclothes cop as if he was the person impersonated (for example, a horny cruiser).

Again, police are not required to, and will not, respond truthfully to an inquiry as to their true identity. Help put an end to this destructive belief, and tell your friends.
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  #3  
Old 20th July 2009, 10:15 PM
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Join Date: Mar 2008
Posts: 335
Undercover cops do NOT have to identify themselves

It would be impossible for police to effectively operate undercover if a criminal could avoid arrest simply by asking "Are you a cop?" This question has even made its way to the US Supreme Court, and ruled that a police officer does not have to identify themselves and may even lie about their status in the course of their work.

Also, for those who love to yell "entrapment" in such cases, it is entrapment only if the officer forces the citizen to commit a crime or threatens him if he refuses. A cop can ask for drugs by name, can ask for specific sexual services, and can even initiate the offer. While an "entrapment" defense MIGHT get you a non-guilty verdict if you have a clean record, predisposition to commit an illegal act can be established by previous arrest records and convictions.

These are federal standards across the country. There are some States and jurisdictions that hold a police office undercover can not commit a crime to further his undercover operation beyond a certain point. An undercover officer can not commit murder, but can stage a fake murder to obtain a confession; ie, an undercover office is hired to murder a woman's husband for money, he fakes the kill, she pays him which provides proof of her state of mind, hubby then reappears!

While it is still a gray area when an undercover cop exposes himself to entrap law-abiding citizens, there have been rumors of cases where a police informant has committed a sexual act in public with a preset arrangement with the authorities to testify against the people arrested in exchange for immunity.

Simply put, cops lie. The establishment (represented by the police) is still committed to stamping out homosexual activity in public. Be sure you know who you are going down on, or confine your activities to the privacy of your bedroom (or if you prefer; kitchen table, living room rug in front of a roaring fire, concealed back yard hot tub or pool, etc,).

There are too many sources to cite on this. A quick Google on "do police have to identify themselves" will provide plenty of info.

NOTE: a cop MUST identify themselves before placing you under arrest, entering a private residence in an emergency, or enforcing a search warrant. Also, replica police badges are legally available on the open market, ask for offical id.
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  #4  
Old 22nd July 2009, 12:53 PM
Cruiser
 
Join Date: Apr 2002
Posts: 23
Thanks for you help.

I bumped into a former neighbor yesterday and, knowing he had more than 20 years on a local police force, I asked him and got the same answer.

He chuckled when he told me how widespread this myth is, he and his co-workers have heard this many times from people who were unpleasantly surprized to find out it isn't true.

Thanks again!

Jael
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