Ep. #288 Officers commit a Payton violation by entering the garage?

📌 Generally, courts don’t like “ruses.” A ruse is where someone is tricked. Still, it’s okay to “lie” about your identity, but not your purpose. For example, as an undercover cop you couldn’t sneak around a suspect’s home during a drug buy, that would be a lie about purpose (i.e. there to buy drugs, not snoop around).

Additionally, it’s inappropriate to use a ruse in order to gain entry into someone’s home in order to arrest him. For example, if you planned to arrest a suspect (without arrest warrant) it would not be okay to conduct a knock and talk and lie to the subject that you wanted to come in, “just to talk.” On the other hand, if your intention was to talk and during the conversation you developed P.C. to arrest, you could make the warrantless arrest since you were lawfully inside the home. Do you see the subtle difference?

Alternatively, the majority of cases hold that you may use a ruse to get the subject to voluntarily exit the residence if you had P.C. For example, you could tell a wanted suspect that his car was illegally parked and to move it even if not true since that tactic doesn’t invade the sanctity of the home.

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