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'First, swear you're not a cop...'

In the ongoing effort by criminals to outsmart the cops, we bring you the story of two alleged drug dealers from Fairfax County who insisted that their “partners in crime” sign a “contract” that they were not the police, according to a recent federal affidavit.

The police gladly signed it. But they still arrested the bad guys.

This high-level meeting of the minds allegedly occurred in September at a restaurant in Springfield. Two undercover Fairfax detectives were discussing a $45,000 cocaine deal, the affidavit states, when one of the suspects pulled out some papers to sign.

“The papers were contracts,” the affidavit says, “stating that they (the undercover officers) were not affiliated with any law enforcement. The undercover officers signed the papers and provided them back to” the suspects. And the drug deal was later consummated.

The contracts, unfortunately for the suspects, were not binding, according to ATF Special Agent Mike Campbell. Campbell said police and federal agents have actually encountered situations "where our undercover agents have been asked to raise their hand and swear that they aren't law enforcement. The 'contract' is a new one."

Campbell added, "It's a good thing we developed the 'keeping your fingers crossed' technique when confronting these scenarios, since we all know things aren't binding when your fingers are crossed."

Wojciech Chaberek, aka “Walter,” and Dariusz Pietraszewska, aka “Derrick,” were arrested earlier this month and charged with a variety of federal violations. Practicing contract law without a license was not one of them.

--Tom Jackman

By Tom Jackman  |  November 18, 2009; 3:45 PM ET
Categories:  Fairfax , Offbeat , Tom Jackman  
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I believe the US Supreme Court recently ruled that the use of "takebacks" by the police did not constitute a 4th Amendment violation. Also, in a footnote, Justice Kennedy, the critical 5th vote in these types of cases, stated that although the issue wasn't before the court, the "crossing your toes" technique would probably also be constitutional.

Posted by: bucky_katt | November 18, 2009 6:39 PM | Report abuse

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