Can a drug dealer sell and use drugs if they are a confidential informant?

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Can a drug dealer sell and use drugs if they are a confidential informant?

I have a friend who has been hanging around and using narcotics with someone

that she highly suspects is either an informant or agent. Could my friend be in trouble for using drugs. There is definitely suspicion that she has been monitored with surveillance.

Asked on February 9, 2017 under Criminal Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, the police will often not arrest or prosecute a confidential informer while he/she is acting as an informer, even though in the process, he or she is committing crimes--the judgment call is made and the authorities use their discretion to conclude that allowing John/Jane Doe to, say, use or deal drugs, in order to then get evidence to prosecute more drug users or dealers, is a good tradeoff. However, that protection does not extend to anyone else withe C.I., since the whole point of a C.I. is to get information about and arrest the people committing crimes with him or her.
If your your friend has been using drugs no matter who is using them with (a "regular" person, a C.I., an undercover copy), she can be arrested and charged.


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