NCJ Number
138397
Journal
Law Enforcement Quarterly Dated: (August-October 1992) Pages: 5-7,34-35
Date Published
1992
Length
5 pages
Annotation
Using deception is sometimes an effective way to make an arrest while avoiding unnecessary violence, but police and prosecutors must be aware of the legal issues involved and avoid using an unlawful ruse that violates a suspect's fourth amendment rights.
Abstract
Without probable cause, tricking a person into opening the door of the hotel room or apartment is no more proper than forcing entry. However, courts have held that using a subterfuge is proper when the police officer already has probable cause to enter, based on either a warrant or exigent circumstances. Using an informant is permissible, even in the suspect's home, whereas leaving an electronic eavesdropping device in an area where the defendant has a legitimate expectation of privacy is not. Police officers must also understand the legal limitations imposed by "knock and notice" laws and the decisions of Payton v. New York and People v. Ramey requiring an arrest warrant before arresting a person in the home. A basic familiarity with when a ruse is lawful and when it is not can make a big difference in the outcome of any arrest, search, or seizure. 51 reference notes