Why did the police arrest me for buying drugs instead of the dealer?

Unless the drug dealer simply managed to escape, probably one of two things happened. Either, 1) the seller happened to be an informant for one of the law enforcement arresting officers, and he or she prefers the dealer stay out of prison so that they can continue being useful as a confidential informant, or 2) the seller was actually an agent of the police. If the second of these two situations is true, then the drug buyer may have a way to avoid a conviction for the purchase of drugs in this case.

What is a confidential informant?

Everyone accused of a crime has the right to subpoena all witnesses to the crime to call in his defense. If the seller was a law enforcement agent, that means the police officers have asked them to sell drugs, and they, of course, will want to protect the drug dealer’s identity. This by itself is fine, as there’s nothing wrong with police using a confidential informant… In fact, it is done all the time. However, a “confidential” police agent who witnesses a crime loses his right to confidentiality – the right to subpoena a witness in their own defense is a constitutional right!

Can cops sell you drugs?

A qualified and experienced drug charges lawyer would want to bring a motion to discover who the seller was. If a judge agrees that they have to disclose his identity so the buyer’s district attorney or lawyer can interview and subpoena him, even if the person is a confidential informant. Depending on the type of drug and the amounts involved in the deal and the severity of criminal charges, the police may prefer to dismiss the charges rather than lose their confidential informant. Since this defense is based upon U.S. Constitutional protections, this strategy applies in all states. Still, the degree to which the courts honor this motion to discover the police agent may vary.

Case Studies: Understanding Drug Buyer Arrests and Police Informants

Case Study 1: The Role of Confidential Informants

John, a drug buyer, was arrested during a drug transaction. To his surprise, the police arrested him instead of the drug dealer. Confused about the arrest, John sought legal advice to understand the situation better. He learned that the seller was likely a confidential informant for the police, and their identity was being protected. Understanding the concept of confidential informants helped John grasp the reasons behind the police’s actions.

Case Study 2: Challenging the Police Informant

Alice, another drug buyer, faced a similar situation where she was arrested while the drug dealer remained free. Determined to challenge the arrest, Alice’s lawyer brought a motion to discover the identity of the seller. The lawyer argued that, even if the seller was a confidential informant, Alice had the right to subpoena them as a witness in her defense.

Case Study 3: Assessing the Charges

Michael, a drug buyer, was arrested for drug offenses, but the police later dropped the charges. Wondering why the charges were dropped, Michael consulted an experienced criminal defense attorney. The attorney explained that the police might have chosen to drop the charges based on the type and amount of drugs involved in the deal and where the crime occurred.

Understanding the factors that influenced the police’s decision helped Michael take appropriate legal steps moving forward.

Can the police arrest me for buying drugs? The Bottom Line

Depending on the type and amount of drugs involved in the deal and whether the crime was committed in public or private, the police may choose to drop the charges. TIP: If you are arrested for a drug offense, it is important that you hire an experienced criminal defense attorney as soon as possible. An arrest can have devastating consequences, including loss of a job, student loans, immigration status, family relationships and even custody of your children. The first step toward protecting yourself from these negative outcomes is by hiring a lawyer who has experience handing these types of cases.