Do Undercover Cops Have to Identify Themselves?

Breaking Bad Gets It (Hilariously) Wrong

In the world of legal dramas, producers should strive for accuracy and reality when portraying law-related scenarios. But straying from reality is a powerful tool, especially in the genre of dark comedy, as we see in this scene from “Breaking Bad’s” Season 2 Episode 8, Better Call Saul.

One scene from this episode explores the debate over whether undercover cops are obligated to reveal their true identity when questioned. The scene also toys with the question of entrapment, adding yet another layer of intrigue to the narrative.

White Lies Toying With Entrapment

The scene is taken right out of a Film School 101 assignment. It’s simple, yet you can’t help but be sucked into the drama that’s about to unfold. The “Better Call Saul” ad on the bench is an added brilliant touch, hinting that things aren’t going to end well for our naïve protagonist. 

The undercover cop approaches Badger, a low-level, almost lovable drug dealer on a bus bench and asks to buy drugs. Badger’s instincts identify him as a cop right away, and he is extremely suspicious of the skinny guy who looks like a drug addict but has “cop” written all over him. 

Badger even points out the two undercover police vans that are standing by, ready to take him down should he take the bait and sell the undercover cop the drugs he’s asking to buy. 

“Duke City Flowers? Come on,” Badger says, pointing out one of the vans trying to be inconspicuous while hiding in plain sight. 

“I don’t mean to disrespect,” he says. “But you put a bunch of cops in the back of a garbage truck, there’s no way I’m seriously thinking that there’s cops in the back of a garbage truck.”

But despite Badger’s keen eye for undercover police, his otherwise trusting nature gets the best of him after he asks for proof that the guy is not a cop. 

Cop: “If you ask a cop if he’s a cop, he’s obliged to tell you. It’s in the Constitution.” 

Badger: “The Constitution of America?”

Cop: “Yes.”

No, it’s not. 

In fact, an undercover cop is not required to tell you that he is a cop. During undercover operations, revealing a police officer’s identity will not only compromise the operation but could put the officer’s life in danger.

Badger, however, falls for the lie, setting up the rest of the scene and its amusing, and perhaps expected, conclusion. This little white lie also sparks the entrapment debate, throwing a twist into the story.

Breaking Bad’s Hilarious Misstep

While the undercover cop fails to adhere to real-world practices, it provides a perfect example of the creative liberties taken in entertainment.

This scene also delves into the distinction between officers using deception to advance a case and the concept of entrapment. While law enforcement often employs deception to collect evidence, this differs from entrapment, where officers lead individuals to commit crimes they wouldn’t have otherwise committed.

“Breaking Bad’s” missteps demonstrate that knowing when and how to break the rules for comedic effect is a skill worth developing. The audience understands what’s happening and that’s what makes it so effective. 

In Comedy, Breaking Rules Is So Bad, It’s Good

As viewers, we enjoy this scene precisely because it strays from reality. And while it’s essential to separate fiction from legal reality, taking creative liberties and pushing the envelope between fact and fiction is a catalyst that sparks award-winning productions. 

In comedy, rules are meant to be broken. The only thing that would have made this scene even funnier is if, instead of the two vans pulling up after the arrest, a garbage truck would have pulled up with police in the back.