# what do undercover cops do when forced to do something illegal? **URL:** \ **Category:** Factual Questions\ **Created:** [July 8, 2010, 2:01am UTC](https://boards.straightdope.com/t/what-do-undercover-cops-do-when-forced-to-do-something-illegal/545927 "2010-07-08T02:01:54Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![kidneyfailure](https://avatars.discourse-cdn.com/v4/letter/k/9f8e36/32.png) [@kidneyfailure](https://boards.straightdope.com/u/kidneyfailure)\ **Post date:** [July 8, 2010, 2:01am UTC](https://boards.straightdope.com/t/what-do-undercover-cops-do-when-forced-to-do-something-illegal/545927/1 "2010-07-08T02:01:54Z")
Let’s say an undercover cop has infiltrated a Mafia family ala Donnie Brasco. At some point early in the investigation he is told to murder or seriously assault someone or commit some other kind of serious crime. What does he do? Refuse and blow his cover? Go through with it and get immunity from prosecution? Or do the cops swoop in and arrest everyone at the last minute, thus sparing the undercover from committing a crime and preventing the gangsters from killing him? ---
**Author:** ![Alpha\_Twit](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alpha_twit/32/265_2.png) [@Alpha\_Twit](https://boards.straightdope.com/u/Alpha_Twit)\ **Post date:** [July 8, 2010, 2:31am UTC](https://boards.straightdope.com/t/what-do-undercover-cops-do-when-forced-to-do-something-illegal/545927/2 "2010-07-08T02:31:41Z")
Just wagging here but if possible - > [@kidneyfailure](#): > > the cops swoop in and arrest everyone at the last minute, thus sparing the undercover from committing a crime and preventing the gangsters from killing him? otherwise - > [@kidneyfailure](#): > > Refuse and blow his cover? ---
**Author:** ![kidneyfailure](https://avatars.discourse-cdn.com/v4/letter/k/9f8e36/32.png) [@kidneyfailure](https://boards.straightdope.com/u/kidneyfailure)\ **Post date:** [July 8, 2010, 2:37am UTC](https://boards.straightdope.com/t/what-do-undercover-cops-do-when-forced-to-do-something-illegal/545927/3 "2010-07-08T02:37:58Z")
Hmmm, but what if he’s not wired and not in real time contact with his handlers who, therefore, can’t swoop in to save him? Do as you’re told and kill some guy or be killed yourself? ---
**Author:** ![Alpha\_Twit](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alpha_twit/32/265_2.png) [@Alpha\_Twit](https://boards.straightdope.com/u/Alpha_Twit)\ **Post date:** [July 8, 2010, 2:53am UTC](https://boards.straightdope.com/t/what-do-undercover-cops-do-when-forced-to-do-something-illegal/545927/4 "2010-07-08T02:53:36Z")
> [@kidneyfailure](#): > > Hmmm, but what if he’s not wired and not in real time contact with his handlers who, therefore, can’t swoop in to save him? Do as you’re told and kill some guy or be killed yourself? You _try_ to talk your way out of it, spoiling the case for the prosecution if needed. Failing that, you try to take a few of them with you. ---
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [July 8, 2010, 2:54am UTC](https://boards.straightdope.com/t/what-do-undercover-cops-do-when-forced-to-do-something-illegal/545927/5 "2010-07-08T02:54:57Z")
From what I remember from Intro to Criminal Justice for something like narcotic use where the cop has to choose between sampling an illegal drug and blowing their cover they’re supposed to do the former then report it to their handler ASAP. ---
**Author:** ![ChrisBooth12](https://avatars.discourse-cdn.com/v4/letter/c/e95f7d/32.png) [@ChrisBooth12](https://boards.straightdope.com/u/ChrisBooth12)\ **Post date:** [July 8, 2010, 3:49am UTC](https://boards.straightdope.com/t/what-do-undercover-cops-do-when-forced-to-do-something-illegal/545927/6 "2010-07-08T03:49:21Z")
Yes cops can take illegal drugs to keep cover but must report it right away so it can be taken care of. Although I do not believe an undercover cop would ever flash you (hooker) so that could be a way to tell for that ---
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [July 8, 2010, 4:03am UTC](https://boards.straightdope.com/t/what-do-undercover-cops-do-when-forced-to-do-something-illegal/545927/7 "2010-07-08T04:03:05Z")
> [@ChrisBooth12](#): > > Yes cops can take illegal drugs to keep cover but must report it right away so it can be taken care of. Although I do not believe an undercover cop would ever flash you (hooker) so that could be a way to tell for that Speaking of hookers wasn’t there a scandal a couple years ago where a police department (I think it was in the South) had unmarried undercover cops actually have sex with prostitutes as part of a sting? 😕 ---
**Author:** ![kidneyfailure](https://avatars.discourse-cdn.com/v4/letter/k/9f8e36/32.png) [@kidneyfailure](https://boards.straightdope.com/u/kidneyfailure)\ **Post date:** [July 8, 2010, 4:20am UTC](https://boards.straightdope.com/t/what-do-undercover-cops-do-when-forced-to-do-something-illegal/545927/8 "2010-07-08T04:20:07Z")
I don’t know about that…sex with (possibly disease-ridden) hookers for the sake of an investigation? What if someone got AIDS? That department would be looking at a monster of a lawsuit. How far can undercover cops go in breaking the law while undercover? Smoking a joint with a guy in a car to gain his trust is one thing, but what about assaulting someone? Or murder? I’d assume a few punches and kicks on someone would be excusable, but they’d probably have to do everything possible to avoid murdering someone in a case like that. ---
**Author:** ![Incubus](https://avatars.discourse-cdn.com/v4/letter/i/c68b51/32.png) [@Incubus](https://boards.straightdope.com/u/Incubus)\ **Post date:** [July 8, 2010, 7:46am UTC](https://boards.straightdope.com/t/what-do-undercover-cops-do-when-forced-to-do-something-illegal/545927/9 "2010-07-08T07:46:48Z")
> [@alphaboi867](#): > > Speaking of hookers wasn’t there a scandal a couple years ago where a police department (I think it was in the South) had unmarried undercover cops actually have sex with prostitutes as part of a sting? 😕 The version I had heard was they were busting massage parlors, and the undercover cops were actually getting hand jobs, presumably to ‘prove’ the establishment was acting outside the law. Its a tough job, but someone’s got to do it 🆒 ---
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [July 8, 2010, 10:49am UTC](https://boards.straightdope.com/t/what-do-undercover-cops-do-when-forced-to-do-something-illegal/545927/10 "2010-07-08T10:49:36Z")
^ Especially if the handjob giver is called “Bob”. ---
**Author:** ![Grumman](https://avatars.discourse-cdn.com/v4/letter/g/43a26b/32.png) [@Grumman](https://boards.straightdope.com/u/Grumman)\ **Post date:** [July 8, 2010, 11:14am UTC](https://boards.straightdope.com/t/what-do-undercover-cops-do-when-forced-to-do-something-illegal/545927/11 "2010-07-08T11:14:17Z")
> [@kidneyfailure](#): > > How far can undercover cops go in breaking the law while undercover? Smoking a joint with a guy in a car to gain his trust is one thing, but what about assaulting someone? Or murder? **I’d assume a few punches and kicks on someone would be excusable** , but they’d probably have to do everything possible to avoid murdering someone in a case like that. I would not. If an undercover cop getting AIDS from a prostitute is a legal nightmare, imagine an undercover cop being killed in self-defense by the man he was attacking. ---
**Author:** ![Superhal](https://avatars.discourse-cdn.com/v4/letter/s/b4bc9f/32.png) [@Superhal](https://boards.straightdope.com/u/Superhal)\ **Post date:** [July 8, 2010, 11:26am UTC](https://boards.straightdope.com/t/what-do-undercover-cops-do-when-forced-to-do-something-illegal/545927/12 "2010-07-08T11:26:55Z")
WAG here, but there’s quite a bit of latitude. For example, if you want your friend to do something with you, but s/he doesn’t want to, they can avoid it indefinitely, right? Example from the TV show The Shield: an undercover cop posing as a prostitute is being taken to the illegal brothel. The men in the van want to “sample” her by having her give them blowjobs. She simply lies and says she has VD in her throat as she only needs to get the location of the brothel. OP’s example: Gangster: If you aren’t a cop, kill this guy. Cop: Hey, I’m a drug dealer, not a killer. If you wanted a hitman, you got the wrong guy. Gangster: So how do we know you’re not a cop? Cop: Fine, I’ll take my $100k and go home. Gangster: Hold on… ---
**Author:** ![hogarth](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hogarth/32/1773_2.png) [@hogarth](https://boards.straightdope.com/u/hogarth)\ **Post date:** [July 8, 2010, 1:03pm UTC](https://boards.straightdope.com/t/what-do-undercover-cops-do-when-forced-to-do-something-illegal/545927/13 "2010-07-08T13:03:28Z")
I watched an “undercover in a biker gang” show, and in at least one case of being ordered to murder someone, the cops collaborated with the target to fake the target’s death. ---
**Author:** ![Markxxx](https://avatars.discourse-cdn.com/v4/letter/m/5daacb/32.png) [@Markxxx](https://boards.straightdope.com/u/Markxxx)\ **Post date:** [July 8, 2010, 2:40pm UTC](https://boards.straightdope.com/t/what-do-undercover-cops-do-when-forced-to-do-something-illegal/545927/14 "2010-07-08T14:40:20Z")
You can get immunity from prosecution. This works because of the fact that it would be very difficult to find anyone to do the job if the office went back. For instance, if the feds said “Take the drugs, if you get busted you’ll get immunity from prosecution.” Fine, so what if he takes it and the feds fail to honor their word. Not much you can do for this one guy but then the rest of the cops on the Feds payroll will simply leave their jobs. A lot of this stuff is done on the quiet. My sister was an FBI agent, though she wouldn’t tell me much, she always told me, “Mark you would not believe the number of undercover agents and what they’re doing.” She said “Ever notice how some criminal gets busted and you hear about it for a week, then they just disappear from the news. Try to find them you can’t.” She said that is because they’re not criminals they’re agents She says if that happens it’s most likely an undercover agent. They give them fake identities BEFORE going in. That way when the case is over, their fake SS#, tax records and history goes with them. And they move them into a new city and they start over. You see the trick is the new ID is made BEFORE not after. So if I was a Federal Agent, Markxxx BEFORE I started, I’d become DaveXXX with new SS#, school records, IDs, Passports etc. Then when the case is over, the information just disappears. Simple huh? As I said my sister never gave me details but she said that’s how it works with the FBI. ---
**Author:** ![SmithCommaJohn](https://avatars.discourse-cdn.com/v4/letter/s/ecd19e/32.png) [@SmithCommaJohn](https://boards.straightdope.com/u/SmithCommaJohn)\ **Post date:** [July 8, 2010, 3:59pm UTC](https://boards.straightdope.com/t/what-do-undercover-cops-do-when-forced-to-do-something-illegal/545927/15 "2010-07-08T15:59:50Z")
> [@Grumman](#): > > I would not. If an undercover cop getting AIDS from a prostitute is a legal nightmare, imagine an undercover cop being killed in self-defense by the man he was attacking. And imagine the lawsuit against the police department by the guy the cop beat up to keep his cover. ---
**Author:** ![septimus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/septimus/32/410_2.png) [@septimus](https://boards.straightdope.com/u/septimus)\ **Post date:** [July 8, 2010, 4:36pm UTC](https://boards.straightdope.com/t/what-do-undercover-cops-do-when-forced-to-do-something-illegal/545927/16 "2010-07-08T16:36:32Z")
There was a TV documentary abour a major FBI vs smuggler operation with FBI agents posing undercover for many months. The big moral dilemma came when the agents were invited to Phuket to meet Mr. Big. The agents knew Mr. Big would hire hookers to entertain them, but one was happily married in real life! The solution was to bring a female FBI agent into the game, posing as the married agent’s girl-friend. (This led to a new end-game. The smugglers were invited to a fake wedding in U.S.A. and all arrested.) ---
**Author:** ![joebuck20](https://avatars.discourse-cdn.com/v4/letter/j/74df32/32.png) [@joebuck20](https://boards.straightdope.com/u/joebuck20)\ **Post date:** [July 8, 2010, 5:04pm UTC](https://boards.straightdope.com/t/what-do-undercover-cops-do-when-forced-to-do-something-illegal/545927/17 "2010-07-08T17:04:28Z")
> [@alphaboi867](#): > > From what I remember from Intro to Criminal Justice for something like narcotic use where the cop has to choose between sampling an illegal drug and blowing their cover they’re supposed to do the former then report it to their handler ASAP. I once heard an interview with Billy Queen, an ATF agent who in the 90s went undercover with the Mongols motorcycle gang. Though he never had to ingest illegal drugs (he had ways of faking it), he mentioned that if he were in a position where he had to do, say, a line of coke, and there was absolutely no way around it, he would have to report it to his superiors and file an injury report. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [July 8, 2010, 5:50pm UTC](https://boards.straightdope.com/t/what-do-undercover-cops-do-when-forced-to-do-something-illegal/545927/18 "2010-07-08T17:50:52Z")
It’s one thing to take drugs. It’s another to asualt or kill someone. In fact, is it not true that taking drugs is not illegal? It’s the possession of them and sale that is illegal. The day you start prosecuting your undercover cops for the drugs they carry around while posing as buyers or sellers is the day your whole force quits. I’m guessing (as mentioned earlier) that all that happens is that the cop must report any behaviour so that the brass knows if he’s getting too close to problems. Same with sex - the crime isn’t sex, it’s soliciting, indecent exposure, whatever. Also, you don’t want to be surprised during the trial “How reliable is this undercover witness? He’s been doing X grams a day for two months, and at the alleged time he would have been barely conscious…” Or conflict of interest, “he’s claiming the pimp did this because he is returning favours for X whom he’s been banging for 2 months…” ---
**Author:** ![Doctor\_Who](https://avatars.discourse-cdn.com/v4/letter/d/ed8c4c/32.png) [@Doctor\_Who](https://boards.straightdope.com/u/Doctor_Who)\ **Post date:** [July 8, 2010, 5:56pm UTC](https://boards.straightdope.com/t/what-do-undercover-cops-do-when-forced-to-do-something-illegal/545927/19 "2010-07-08T17:56:31Z")
> [@md2000](#): > > In fact, is it not true that taking drugs is not illegal? It’s the possession of them and sale that is illegal. No, this is not true. Well, not in any jurisdiction I know of. ETA: In the interests of fighting ignorance, here is an example: [Section 11550 of the California Health and Safety Code](http://law.onecle.com/california/health/11550.html). Note the wording: “No person shall **use** , or **be under the influence** of any controlled substance…” [bolding mine] ---
**Author:** ![Gary\_Robson](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gary_robson/32/3448_2.png) [@Gary\_Robson](https://boards.straightdope.com/u/Gary_Robson)\ **Post date:** [July 8, 2010, 6:08pm UTC](https://boards.straightdope.com/t/what-do-undercover-cops-do-when-forced-to-do-something-illegal/545927/20 "2010-07-08T18:08:43Z")
> [@hogarth](#): > > I watched an “undercover in a biker gang” show, and in at least one case of being ordered to murder someone, the cops collaborated with the target to fake the target’s death. I read a book (I can’t recall the title at the moment) about the only law enforcement officer ever to become a full member of the Hell’s Angels. They required him to murder a specific member of a rival gang. He quietly snatched the target and offered him a new identity and some cash. They then faked up his death, including some pictures of the “murder,” and the cop was accepted by the gang. [Next page](https://boards.straightdope.com/t/what-do-undercover-cops-do-when-forced-to-do-something-illegal/545927.md?page=2)