skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 50774 Find in a Library
Title: VALIDITY OF RUSE ENTRY TO EXECUTE A SEARCH OR AN ARREST IN PRIVATE PREMISES
Journal: ALBANY LAW REVIEW  Volume:42  Issue:3  Dated:(SPRING 1978)  Pages:453-470
Author(s): R C BLASS JR
Corporate Author: Union University
Albany Law School
United States of America
Date Published: 1978
Page Count: 18
Sponsoring Agency: Union University
Albany, NY 12208
Format: Article
Language: English
Country: United States of America
Annotation: CASE LAW IS CITED TO UPHOLD THE RUSE ENTRY TACTIC IN CONDUCTING A SEARCH OF PRIVATE PREMISES OR IN MAKING AN ARREST.
Abstract: THE FOURTH AMENDMENT TO THE CONSTTUTION PROVIDES INDIVIDUALS WITH PROTECTION AGAINST UNREASONABLE POLICE INTRUSION. THE PRIMARY OBJECTIVE OF THE AMENDMENT IS THE PROTECTION OF PERSONAL PRIVACY AGAINST ARBITRARY AND UNAUTHORIZED INVASION. TO EXECUTE A LAWFUL SEARCH OR ARREST, THE POLICE MUST COMPLY WITH THE FOURTH AMENDMENT'S REQUIREMENT OF PROBABLE CAUSE TO SEARCH SPECIFIC PREMISES OR TO ARREST INDIVIDUALS. THE LEGALITY OF THE POLICE USE OF TRICK, RUSE, OR DECEPTION TO GAIN PEACEFUL ENTRY INTO PRIVATE PREMISES IN ORDER TO EXECUTE AN OTHERWISE VALID SEARCH OR ARREST IS CONSIDERED IN TERMS OF THE REQUIREMENT THAT THE POLICE 'KNOCK AND ANNOUNCE' BEFORE ENTRY. CASE LAW, NUMEROUS STATUTES, AND THE FOURTH AMENDMENT INDICATE THAT AN UNWARRANTED BREAKING AND ENTERING BY THE POLICE CONSTITUTES AN ILLEGAL MEANS OF EXECUTING AN OTHERWISE VALID SEARCH OF PREMISES OR THE ARREST OF INDIVIDUALS. FAILURE TO COMPLY WITH THE ANNOUNCEMENT REQUIREMENT MAY RESULT IN THE SUPPRESSION OF EVIDENCE SEIZED IN THE UNLAWFUL EXECUTION OF A SEARCH WARRANT OR INCIDENT TO THE UNLAWFUL ARREST. AN ENTRY OBTAINED BY TRICK OR RUSE LACKS PRIOR ANNOUNCEMENT OF ACTUAL AUTHORITY AND PURPOSE BY THE POLICE. THE CRITICAL ISSUE, HOWEVER, IS WHETHER THE RUSE ENTRY TACTIC CONSTITUTES BREAKING AND ENTERING. THE APPLICATION OF THE TACTIC IN NEW YORK IS GIVEN PARTICULAR ATTENTION. ALTHOUGH RUSE ENTRY LACKS PRIOR ANNOUNCEMENT OF IDENTITY AND PURPOSE, THE TACTIC SHOULD BE UPHELD. SUCH ENTRY ALLOWS FOR NEEDED FLEXIBILITY IN A POTENTIALLY DANGEROUS SITUATION WHERE POLICE, ACTING PURSUANT TO AUTHORITY SUPPLIED BY A WARRANT AND/OR PROBABLE CAUSE, MUST ENTER PRIVATE PREMISES OF CRIMINAL SUSPECTS. RUSE ENTRY MERELY PROVIDES THE POLICE WITH A REASONABLE ALTERNATIVE TO ANNOUNCING THEIR PRESENCE OR BREAKING DOWN A DOOR. (DEP)
Index Term(s): Evidence collection; Judge censure and removal; Police intelligence operations; Right of privacy; Search and seizure laws; Search warrants
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50774

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.