{"id":6567,"date":"2012-05-28T20:39:36","date_gmt":"2012-01-20T07:13:42","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-01-20T07:13:42","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6567","title":{"rendered":"CA6: Ruse to get defendant into police car and go home did not make it involuntary"},"content":{"rendered":"

Using a ruse to get defendant to get into a police car and come back to his house was not unreasonable and did not make that consent involuntary. The officer told defendant he needed to come home to talk about an arson investigation, but it was really a drug investigation. United States v. Gregory<\/a>, 456 Fed. Appx. 533, 2012 FED App. 0063N (6th Cir. 2012) (unpublished):<\/p>\n

Importantly, the question is not whether Gregory may have declined Bunch\u2019s request had he known the officer\u2019s true motivation. Rather, the question under the Fourth Amendment is whether the \u201c\u2018police misrepresentation of purpose [was] so extreme that it deprive[d] the individual of the ability to make a fair assessment of the need to surrender his privacy.\u2019\u201d Hardin, 539 F.3d at 425 (quoting 2 Wayne R. LaFave et al., Criminal Procedure \u00a7 3.10(c) (3d ed. 2007)). Essentially, the question this court must ask is whether the ruse created a scenario where Gregory \u201cha[d] no choice\u201d but to concede his privacy interests. Id. (quoting United States v. Copeland, No. 95-5596, 1996 U.S. App. LEXIS 17177, 1996 WL 306556, *3 n.3 (6th Cir. June 6, 1996)). The Hardin court concluded that \u201cthe ruse regarding the water leak presented a situation in which an individual would feel \u2018no choice but to invite the undercover officer in\u2019 and any consent was invalid.\u201d Id. (quoting Copeland, 1996 U.S. App. LEXIS 17177, 1996 WL 306556 at *3 n.3).<\/p>\n

This case does not present the type of situation addressed in Hardin. Although Gregory believed that he would be traveling to his residence to examine evidence in the arson investigation, rather than meet with other officers concerning an ongoing drug case, he was fully aware that he would be accompanying a law enforcement officer. By contrast, in Hardin, the defendant believed he was interacting simply with an apartment manager, not a government agent. Moreover, the water leak ruse in Hardin undoubtedly created a sense of urgency and compulsion for the defendant who was residing in the apartment. Despite the ruse in this case, Gregory maintained \u201cthe ability to make a fair assessment of the need to surrender his privacy.\u201d Id. at 425.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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