posted
If this is not the appropriate place for this post, please accept my apologies in advance.
I have a vague recollection of a news story from a few years ago about a professional athlete who was approached by an undercover officer who offered to sell illegal drugs to the athlete. The athlete declined, and went about his business. A day or so later, he was arrested and charged for failing to report a crime, i.e. that the undercover agent had tried to sell him drugs.
I can't remember any further details about the story, and don't recall ever hearing about the outcome. Does anyone here recall this story, and have more information about it?
Posts: 5 | From: Boston, MA | Registered: Jun 2006
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posted
Someone offering to sell drugs would not be a crime, the actual sale would be. There was no crime committed in this case, assuming that it went as you stated.
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posted
I'm not sure most citizens in the US have any legal obligation to report a crime, anyhow. Even teachers and other "designated reporters" are only required to report crimes against children. Active efforts to hinder law enforcement -- helping a fugitive flee, destroying evidence, lying to investigators, etc. -- are illegal. But simply failing to report a crime, although it may be immoral, is not illegal, AFAIK.
-------------------- How homophobic do you have to be to have penguin gaydar? - Lewis Black Posts: 8322 | From: Columbus, OH | Registered: Aug 2005
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quote:Someone offering to sell drugs would not be a crime, the actual sale would be.
Maybe someplaces, but that is not nessesarily the case.
-------------------- I'm a sheepdog. I live to protect the flock and confront the wolf. -- On Sheep, Wolves and Sheepdogs by LTC. Dave Grossman, USA (Ret) Posts: 675 | From: Arizona | Registered: Jun 2003
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quote:Originally posted by Lainie: I'm not sure most citizens in the US have any legal obligation to report a crime, anyhow. Even teachers and other "designated reporters" are only required to report crimes against children. Active efforts to hinder law enforcement -- helping a fugitive flee, destroying evidence, lying to investigators, etc. -- are illegal. But simply failing to report a crime, although it may be immoral, is not illegal, AFAIK.
Wouldn't you be considered an accomplice? "If you know about it and don't report it, you're just as guilty."
posted
As far as Seinfeld goes, that was a Good Samaratin law that compelled them to assist a victim of a crime. As far as not reporting a crime meaning you were an accomplice, that gets tricky.
-------------------- IIRC, it wasn't the shoe bomber's loud prayers that sparked the takedown by the other passengers; it was that he was trying to light his shoe on fire. Very, very different. Canuckistan Posts: 3694 | From: Arizona | Registered: Aug 2005
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posted
Sounds like the excuse my sister's boyfriend (now husband) gave when he was busted for buying drugs. He told her that he refused to buy the drugs and was arrested anyway, and that it was all a big frame up. Later we found out that the cop that busted him was one that goes from city to city TRAINING other cops on how to get a clean bust; and that his story was very far from the truth. My sister believed him anyway and still does. :/
Posts: 418 | From: New Port Richey, FL | Registered: Apr 2005
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quote:I have a vague recollection of a news story from a few years ago about a professional athlete who was approached by an undercover officer who offered to sell illegal drugs to the athlete.
Isn't entrapment illegal?
Any police officer trying something like that in Sweden would have to look for a new job. Our police may never encourage crime in any way, not even fake crime.
-------------------- /Troberg Posts: 4360 | From: Borlänge, Sweden | Registered: Nov 2005
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quote:I have a vague recollection of a news story from a few years ago about a professional athlete who was approached by an undercover officer who offered to sell illegal drugs to the athlete.
Getting someone to do something illegal that they wouldn't necessarily have done otherwise is entrapment.
The example in the OP is no different than an undercover cop working as a prostitute. Which is quite common in the States and results in many proscutions.
-------------------- "Show me a sane man and I will cure him for you." - C. G. Jung Posts: 243 | From: Marina del Rey, CA | Registered: May 2005
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Richard W
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posted
quote:Originally posted by SchmooPie:
quote:Originally posted by Troberg: Isn't entrapment illegal?
Getting someone to do something illegal that they wouldn't necessarily have done otherwise is entrapment.
Yes it is, surely - how could the athlete in question possibly have "failed to report a crime" in this situation if the officer in question hadn't committed the "crime" in the first place? It sounds as though it would be a textbook case, to me.
Posts: 8725 | From: Ipswich - the UK's 9th Best Place to Sleep! | Registered: Feb 2000
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posted
Okay, apparently the legal definition of entrapment can vary by country. Here is a pretty good summary of how it is defined in the U.S.
Wikipedia shows how Canada defines it. In Canada this could very well be entrapment.
-------------------- "Show me a sane man and I will cure him for you." - C. G. Jung Posts: 243 | From: Marina del Rey, CA | Registered: May 2005
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quote:Yes it is, surely - how could the athlete in question possibly have "failed to report a crime" in this situation if the officer in question hadn't committed the "crime" in the first place? It sounds as though it would be a textbook case, to me.
Since the original poster is from USA I assume we are talking about US law. For entrapment here, the fact that there is a staged "crime" is not an issue. For it to be entrapment the officers would have to do something that would cause the person to commit a crime that they wouldn't otherwise have committed. So in this particular case it would have been entrapment if the undercover officer attempted to sell him the drugs, then after being reject, begged him and pleaded with him to not report the crime. There is nothing to indicate that he would have reported any other similar crime, but because of something the officers did he didn't report this one.
That being said, I would like to know more about the actual story, because at least here I've never seen anyone charged with failing to report a crime.
Ok I'm tired so I hope that makes at least as much sense is it does to me right now Good night DB
-------------------- I'm a sheepdog. I live to protect the flock and confront the wolf. -- On Sheep, Wolves and Sheepdogs by LTC. Dave Grossman, USA (Ret) Posts: 675 | From: Arizona | Registered: Jun 2003
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Richard W
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posted
quote:Dark Blue said: For it to be entrapment the officers would have to do something that would cause the person to commit a crime that they wouldn't otherwise have committed.
How could the athlete have failed to report the crime if the officer hadn't committed it, then? He would have to be failing to report a non-existent crime. If the officer hadn't committed his "crime" then the athlete wouldn't have committed his crime either. It seems quite straightforward to me.
Anyway, since "failing to report a crime" isn't a crime in this context, it's irrelevant, I suppose.
Posts: 8725 | From: Ipswich - the UK's 9th Best Place to Sleep! | Registered: Feb 2000
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posted
Failing to report crime isn't a crime in the US. If you just knew and didn't tell anyone, then it's not a crime.
Not only that, but reporting to the police that some nameless stranger on the street approached you a few hours ago and offered to sell you drugs would be useless. Although the police would probably thank you for your information, I can't think what the heck they could possibly do with it. Reporting such things is a waste of time, unless the guy is still where you left him.
However, if you knew and helped the perpetrators either before or after the crime, that is a crime.
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Everyone is entitled to their own opinions; but everyone is not entitled to their own facts. - Sen. Daniel Patrick Moynihan Posts: 2495 | From: Connecticut | Registered: Oct 2000
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posted
Of course, the athlete may have belonged to an organization that *required* him to report being approached about drugs. It wouldn't surprise me if Olympiads and what not would have to do so, and getting kicked off any major athletic event would hurt.
HenryB
Posts: 441 | From: Between Flint and Lansing, MI | Registered: Mar 2005
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quote:The example in the OP is no different than an undercover cop working as a prostitute. Which is quite common in the States and results in many proscutions.
That would be completely out of line in Sweden. The police may not even present an opportunity for a crime.
-------------------- /Troberg Posts: 4360 | From: Borlänge, Sweden | Registered: Nov 2005
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quote:Originally posted by Niner: Of course, the athlete may have belonged to an organization that *required* him to report being approached about drugs. It wouldn't surprise me if Olympiads and what not would have to do so, and getting kicked off any major athletic event would hurt.
HenryB
That could be (love these hypotheticals!) but failing to follow the regulations of a professional organization you belong to or of your employer is not a penal crime (unless there is complimentary legislation). You can only get kicked out or fired.
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"And that's one lost erection I'll never get back! You hear me Dan! I'm owed an erection!" (I'mNotDedalus) Posts: 2658 | From: California | Registered: Jul 2005
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quote:How could the athlete have failed to report the crime if the officer hadn't committed it, then? He would have to be failing to report a non-existent crime. If the officer hadn't committed his "crime" then the athlete wouldn't have committed his crime either. It seems quite straightforward to me.
How could the athlete have bought drugs if the officer had not offered to sell them to him? Yet if he HAD bought the drugs it would not be considered entrapment either, at least by American standards, because he was only offered the opportuity to commit a crime, that he still would have comitted had it been a legitimate circumstance.
The fact that it was a staged crime does not make it entrapment in the US.
Another side note, when police do these types of stings they don't just randomly pick some area and randomly pick people to solicit. They usually target areas known to them for high drug trafficing or prostitution etc. and then target people that seem to be there in that particular area to take advantage of the particular "business" that is conducted there.
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posted
A police officer in the US could offer to sell drugs without it being legally considered entrapment. Entrapment in the US requires coercion. However thats a fine line. Ideally the police would not ask but simply be available for the criminal to make an offer.
However, the person couldn't be arrested for not reporting it, because its not a crime not to report it.
Posts: 2018 | From: Santa Barbara, California | Registered: Aug 2005
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Richard W
Ding Dong! Merrily on High Definition TV
posted
quote:Originally posted by Dark Blue: How could the athlete have bought drugs if the officer had not offered to sell them to him?
...
Another side note, when police do these types of stings they don't just randomly pick some area and randomly pick people to solicit. They usually target areas known to them for high drug trafficing or prostitution etc. and then target people that seem to be there in that particular area to take advantage of the particular "business" that is conducted there.
In the positive sense of him buying drugs, sure (although I think that would still be considered entrapment in the UK as well as in Sweden). If he hadn't bought drugs from the policeman then it's reasonable to assume he would have been trying to buy them from somebody else in the area, or would have done so if offered.
I don't see how that matches the negative sense of "failing to report a crime", though. I doubt that anybody would be walking about deliberately looking for crimes to ignore.
Posts: 8725 | From: Ipswich - the UK's 9th Best Place to Sleep! | Registered: Feb 2000
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posted
In addition, I would be worried to report the approach. I have never had drugs offered to me, but I do not think I would report it to the police. Partly because I would have no evidence (as stated above) and partly because I may be followed by the person involved, or his associates. If they see me going to into a police station then I might be the subject of another approach as I leave.
-------------------- Andrew, Ware, England Posts: 1709 | From: Ware, England | Registered: Apr 2003
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quote:If he hadn't bought drugs from the policeman then it's reasonable to assume he would have been trying to buy them from somebody else in the area, or would have done so if offered.
I don't see how that matches the negative sense of "failing to report a crime", though. I doubt that anybody would be walking about deliberately looking for crimes to ignore.
I am guessing you mean that if he HAD bought the drugs then its reasonable to assume he would have bought them from someone else.
I think the point is that its also reasonable to assume that he would have failed to report be solicited to buy drugs by an actual dealer as well. I don't imagine that it is expected people walk around deliberately seeking out crimes to report, but that you report those you happen to become aware of.
But then of course we can only use our imaginations in this so far unsubtantiated story, ya know
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posted
While I haven't been able to track-down the story I mentioned in the start of this thread, I have found some instances where people have been charged for failing to report crimes.
posted
At least in regard to the school officials charged in the cases you cited, they (as well as doctors, social workers, etc.) are actually REQUIRED by law to report such cases, so the failure to report them is a crime in an of itself. Apparently, the parents were charged because they failed to report the felony as well. I'll be interested to see if those charges stick, however. I don't mean that I don't feel that they had a MORAL obligation to let others know, I do -- especially the other parents -- but I'm not sure they can be blamed for the police not being told. Perhaps they were relying on the school to do so.
I think there may be a difference between reporting a felony and reporting other crimes, as well.
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