# Are there situations where saying 'a cop let me do it' is a legal defense against prosecution

**URL:** <https://boards.straightdope.com/t/are-there-situations-where-saying-a-cop-let-me-do-it-is-a-legal-defense-against-prosecution/933327>\
**Category:** Great Debates\
**Created:** [February 20, 2021, 4:11am UTC](https://boards.straightdope.com/t/are-there-situations-where-saying-a-cop-let-me-do-it-is-a-legal-defense-against-prosecution/933327 "2021-02-20T04:11:28Z")\
**Posts on this page:** 2\
**Page:** 3

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**Author:** ![Bookkeeper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bookkeeper/32/281_2.png) [@Bookkeeper](https://boards.straightdope.com/u/Bookkeeper)\
**Post date:** [March 13, 2021, 3:25pm UTC](https://boards.straightdope.com/t/are-there-situations-where-saying-a-cop-let-me-do-it-is-a-legal-defense-against-prosecution/933327/41 "2021-03-13T15:25:51Z")

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> [@UltraVires](#):
>
> I mean, Nancy Pelosi herself is not going to come out and instruct the crowd. Her assistants, those with apparent authority, the Capitol Police, are the ones I look to for guidance as to what is permitted. So I think a very legitimate argument could be made that people thought that they could enter under those circumstances.

The Capitol Police do not work for Nancy Pelosi. They come under the Capitol Police Board. On Jan 6, this consisted of the Architect of the Capitol (nominated by Trump and approved by the Republican-majority Senate), the Sergeant at Arms of the United States House of Representatives (elected by the Republican-majority House in 2012, and re-elected in subsequent Congresses) Sergeant at Arms of the United States Senate (elected by the Republican-majority Senate in 2018). Pelosi had no direct control over the police, and only limited influence shared with McConnell, and Republicans are responsible for the appointment of those who did control them.

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**Author:** ![asahi](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asahi/32/8693_2.png) [@asahi](https://boards.straightdope.com/u/asahi)\
**Post date:** [March 13, 2021, 3:35pm UTC](https://boards.straightdope.com/t/are-there-situations-where-saying-a-cop-let-me-do-it-is-a-legal-defense-against-prosecution/933327/42 "2021-03-13T15:35:49Z")

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Understood, but as much as I often disagree with Ultravires, I think he has a point - at least with regard to trespassing. The crime of trespassing has to do with authorized entry, and one’s understanding of what that means. All criminal prosecutions have to demonstrate criminal intent. If someone can legitimately argue that they were following a crowd into a building that is normally open to the public, and that they didn’t see any police actually offering up any resistance, I could see how some individuals might actually avoid conviction.

As I said earlier, we’re talking about people at the tail end of the mob; not the ones smashing the windows and fist fighting with officers – those guys are goin’ down big time.

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