NCJ Number
146538
Journal
FBI Law Enforcement Bulletin Volume: 63 Issue: 1 Dated: (January 1994) Pages: 28-32
Date Published
1994
Length
5 pages
Annotation
Using noncoercive deception to obtain consent to enter is an extremely useful law enforcement technique in certain circumstances, particularly when the police are unable to obtain a search warrant due to insufficient facts for establishing probable cause.
Abstract
The United States Supreme Court and appellate courts have issued decisions defining police responsibilities in this area. Police officers may disguise their official identities and enter private commercial premises that are open to the public. They may examine items on display there as any other member of the public might be expected to do without being considered to be conducting a search. Entry into nonpublic places such as hotel rooms or private residences require consent to be entered without a search warrant. An officer disguised as a delivery person or in some other way must obtain voluntary consent from the person who is in apparent control of the premises searched. In addition, the search must be within the scope of the consent given. Finally, the police officer must carefully document the circumstances under which consent is obtained, the scope of the license acquired, and the factual support for the use of the technique. Reference notes