Hypothetical Investigative Reporter buys some hypothetical cocaine from a hypothetical dope dealer, hypothetically on tape and with no prior knowledge of law enforcement. Hypothetical felon? Hypothetical media relations problem when I hypothetically ream the reporter for doing this and prepare a hypothetical subpoena related to at least the delivery offense. Anybody else have this happen, and how did you successfully handle it?

And the reason the reporter is not being prosecuted for POCS is?

Well, that's my question. Is there any reason why the reporter shouldn't be charged? We prosecute FELONY STUPID all the time; I'm just checking to see if anybody else has had this come up.

Hypothetically, that reporter should be charged with PCS. However, you know down the road there will be an expose on how the DA is taking things too seriously instead of going after the bad drug dealers. Don't waste your time with a case. Your main witness has dirty hands.

Why not prosecute the dealer if you have the delivery taking place on tape? Simply because a reporter may have embarrassed the local drug enforcement team is no reason to go after the reporter. The public will not understand why a police officer making an undercover buy does not get prosecuted but a reporter does. Prosecuting a reporter in this situation smacks of retaliation.

I agree with Ken, nail the dealer. It also defuses any media problems. (The big, bad DA and law enforcement going after the little fish users and leaving the powerful drug dealers alone. Sounds like a movie plot.)

Take them both to grand jury. The grand jury will no bill the reporter and true bill the deliverer, but put the reporter in sufficient angst that others will not repeat the foolish act.