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If an undercover narc signs a contract stating that he or she is not a narc, is that a legal contract? Would it stand up in court?
It's not a legally binding contract because there's no mutual “consideration” (which means that A & B each give each other something). Lacking consideration, the supposed narc "contract" is nothing more than a written statement that s/he is not a narc. It has no more weight than a similar oral statement, and since undercover police are allowed to lie about this, the “contract” is meaningless. By the way, if the “consideration” was to buy drugs, there’s no contract anyway, since committing a crime can never be “consideration” for a contract.
This sounds like an extension of the usual “Are you a cop?” issue, created by an imaginative officer with a sense of humor. The idea of bringing a “contract” to court to enforce a drug suspect’s right to avoid getting caught is somewhat comical in its absurdity. Think about it. This “contract’ puts you in the position of trying to enforce a right to evade getting caught committing a crime. Unless you were coerced into buying drugs from the undercover officer, he did nothing wrong in telling you he was not a cop.
More than you wanted to know, I suspect?
(Updated August 30, 2007) |
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