Knowing Your Rights After a Sting Operation or Drug Bust

 Posted on November 03, 2021 in Drug Crimes

Drug overdoses lead to thousands of deaths in Illinois every year. Consequently, law enforcement is constantly looking for ways to suppress the manufacture and sale of illicit substances. One way police locate and arrest alleged drug manufacturers and drug traffickers is through sting operations. If you or a loved one were the subject of a sting operation or drug bust, it is important to seek legal counsel immediately. An experienced criminal defense lawyer can ensure that your rights are protected and build a strong defense against the charges.

Are Undercover Sting Operations Legal in Illinois?

The term “sting operation” refers to a police strategy intended to catch criminals in the act.  Law enforcement officers may go undercover and pose as someone who is seeking or selling illegal drugs. Once the transaction has taken place, the officers reveal their identity and arrest the suspects. Sting operations such as these are legal. A police officer is legally permitted to lie and deceive criminal suspects.

However, there is a fine line between sting operations and entrapment. During a sting operation, an officer creates an opportunity for someone to break the law. Entrapment occurs when a police officer induces or coerces someone into committing a crime they would otherwise not commit. Entrapment is an affirmative defense in a criminal case. If a defendant committed the offense but only did so because he or she was forced or coerced into the act, the defendant will likely avoid conviction.

Understanding Your Right to Remain Silent

There is a long-enduring myth that police officers have to identify themselves as law enforcement if confronted by a citizen. You may have heard that police are under some legal obligation to announce that they are police under certain circumstances. The truth is that police can and do lie to criminal defendants. For example, police may tell a defendant that his or her alleged criminal partner confessed even if the partner said nothing. Officers may also imply that they have evidence or information that they do not actually have.

However, some states, including Illinois, have enacted legislation limiting police officers’ ability to lie. Illinois recently enacted a law that prohibits police from using deceptive tactics during interrogations involving minors.

Contact a Wheaton Criminal Defense Lawyer

If you or a loved one were charged with a drug-related crime, contact DuPage County defense attorney Stephen A. Brundage for help. Before changing careers and becoming a criminal defense attorney, Mr. Brundage was a police officer himself. This makes him especially proficient at building tenacious defenses for those accused of criminal offenses. Call Stephen A. Brundage at 630-260-9647 for a free, confidential consultation.

Sources: 

https://www.dhs.state.il.us/page.aspx?item=117421