My friend got caught for possession of psychedelic mushrooms and marijuana. The Westchester County District Attorney knows the police impersonated me via text into getting him to admit he had drugs.

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My friend got caught for possession of psychedelic mushrooms and marijuana. The Westchester County District Attorney knows the police impersonated me via text into getting him to admit he had drugs.

When I left NY to see family friends my dad took my cell phone and gave it to the police. They sent a text message to a friend and got my friend to make some form of transaction or admit he had drugs on him. They some how found him and arrested him here in Westchester County. Would the the 4th amendment protect him or could he plea entrapment. Was it illegal for the police to impersonate me? Do I need a criminal defense attorney?

Asked on June 2, 2009 under Criminal Law, New York

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

These are some very serious legal questions, and it sounds like some very serious charges. Your friend definitely needs a very good criminal defense attorney, and one place to find attorneys is our website, http://attorneypages.com

Whatever the legalities of the situation, though, it doesn't look to me as if you can do anything about this, since there may not have been any harm done to you that the law will deal with.  It is also difficult to sue police officers for catching criminals - not impossible, but difficult. The police in Westchester County are pretty sophisticated, as every criminal defense attorney in the area knows.

You might also want to think about the fact that the Westchester police were able to do this -- that your arrested friend was willing to text about illegal drugs, when he thought he was texting with you.  Trust me, the police understand the logic of that.  You would be well advised to think through what could develop, and even better to talk with your own criminal defense attorney about this before acting or speaking out.


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