"You a cop? No? Then please sign these documents."
October 30, 2013 10:33 AM Subscribe
So, by now everyone knows that it is not entrapment if a police officer lies when asked if they're a police officer. It's just an urban legend, probably spread by police officers themselves
. But what if you ask them to sign an affidavit swearing to the fact that they are not a police officer? Would that work?
posted by gkhan to law & government (22 answers total) 3 users marked this as a favorite
It only takes a notary public and a few witnesses to create an affidavit, right?
So, here's my scheme: you hire a lawyer for a few hours to draft the appropriate language ("the affiant affirms that he/she has never been employed by, compensated by, or in any assisted any policing organization, whether state, local, federal or international..."), with a blank spot where you fill in the name. Then you make a bunch of copies to bring with you on your drug-dealing adventures. When a new person you don't recognize tries to buy drugs, you have them sign the document, accompany them to your buddy Jim who moon-lights as a notary public, scare up some witnesses, and then have him sign it, get it witnessed and notarized. Then, if it turns out that the person was in fact a cop, he will have committed perjury.
Note that neither the notary public doesn't have to be in on it, he's just performing his official function, with no knowledge of the details.
I'm assuming there's a reason this wouldn't work, but I'm just curious to hear it. Is it that no prosecutor would ever prosecute a police officer under these circumstances, and because perjury is a criminal charge, you can't sue for it? Or is it that an affidavit whose explicit purpose is to be used in a criminal enterprise is not a valid legal document?
Would be curious to hear what some lawyers have to say about this.