VALIDITY OF RUSE ENTRY TO EXECUTE A SEARCH OR AN ARREST IN PRIVATE PREMISES

• NCJ Number: 50774
• Journal: Albany Law Review Volume: 42 Issue: 3 Dated: (SPRING 1978) Pages: 453-470
• Author(s): R C BLASS JR
• Date Published: 1978
• Length: 18 pages
• Corporate Author: Union University
• Publication 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)