Legal Question in Criminal Law in California

Police threatening future arrest if there is no cooperation

After being stopped for a faulty tail light, the police asked for my and my pasenger's I.D. Both of us had previous arrests for under the influence and we were both asked to exit the vehicle for a search of our person. My friend admitted to possessing some methanphetamine before she was searched. The officer was informed that she has a pending sales case. He told her he would give her a break and let her call him in a week with some usefull info about meth manufacturers or he would charge her for another possesion. Can he do this? There was no charge made at the time of discovery.


Asked on 9/14/01, 8:20 am

1 Answer from Attorneys
Steven Mandell Law Offices of Steven R. Mandell

Re: Police threatening future arrest if there is no cooperation

This may not be totally legal in the literal sense, but cops do it all the time. The majority of drug cases are made with the use of an informant, almost always one who has been busted and then told that in order to save her own ass, she has to set up someone else for a bust. If she doesn't come up with anyone, or doesn't set up someone that the cops feel is big enough (it usually has to be someone dealing more drugs than she is caught with), then she'll be arrested and charged with possession of the drugs the cops found on the day that you and she got stopped. If she does set someone up for a bust and that person is successfully prosecuted, the cops MAY OR MAY NOT recommend some leniency in your friend's case. You have to rely on their good faith and sense of fair play. Right, like that's a good way to do it.... Scummy, but true. Steve Mandell Attorney at Law Santa Monica, CA 310 393 0639

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Answered on 10/26/01, 11:48 pm


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