Can an informant sell drugs in order for the police to make an arrest?

Asked 12 months ago - Shelton, WA

If you are a dealer and an informant sells you a 1/4 oz of meth, can you later be arrested for buying it?? Would such a scenario give them grounds to obtain a search warrant?

Attorney answers (3)

  1. Robert David Butler

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . Yes, you can be arrested for selling or buying from an informant, happens every day. The issue then becomes one of credibility which frequently means multiple transactions. Regarding the warrant, credibility is important as well as recency. A defense attorney who is thorough, will sort these issues out for you and get evidence suppressed if the police did not follow the law during the investigation phase. Good Luck !

  2. Kenan Lee Isitt

    Contributor Level 14

    Answered . A quarter ounce of meth may not seem like a lot, but it's enough for the police and/or a judge to believe that the buyer is a dealer. Less than one gram might be considered "personal use," but 1/4 ounces is about 7 grams, so that amount is going to be thought of as a "dealer amount." Depending on what the warrant is for, when it was obtained, and what other information is available to the judge, the judge could easily issue a warrant for either dealing or simple possession of drugs.

    Note that if you"buy" drugs directly from a person (and you hold them in your own hands or whatever), then you are "in possession" of them after you buy them. So you could probably be arrested immediately after buying the drugs. Usually, though, the cops want to prove that you are "selling," so the fact that you buy 7 grams is just one piece of information that the cops will give to the judge when they are asking for a warrant to search your car or home. Usually there would be other information, like statements made by the dealer; the presence of scales; the presence of larger amounts of cash (a few hundred dollars would probably be enough); drugs divided into multiple small packages; cell phone records/text messages that hint at drug dealing.

    It can get complicated. Talk to a local criminal defense attorney for details, and ask for an attorney if you are arrested.

  3. Robert Jason De Groot

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Yes and yes and yes. You need private counsel for the crimes you are charged with.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I... more

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