Police Deception: A Case Study
Hey, Aryana. Welcome to Criminal Procedure. I noticed you committed on my discussion. After researching deeper, I came across some case summaries that are now legal laws about the Fourth Amendment which allows some police deception as long as the suspect's will is not overborne. The Supreme Court has recognized that not all deception prevents a person from making an "essentially free and unconstrained choice." For example, when an undercover officer asks to enter a home to buy drugs, the consent is voluntary despite the officer's misrepresentations about his identity and motivation. The subjective motivation or intent of the officers is irrelevant, as consent is determined from the perspective of the suspect, not what the police intend. A private
person has the right to expect that the government when acting in its own name, will behave honorably. When a government agent presents law to a private individual and seeks that individual’s cooperation based on officer status as a government agent, the individual should be able to rely on the agent’s representations. A government agent to gain access to evidence which would otherwise be unavailable by invoking the private individual’s trust in government, only to betray that trust. (FLETC, 2017) Therefore, government agency then invokes the power of a court to gather the fruits of its deception, which is held that there is an abuse of process.
(References)
Pryor, W. (2017). U.S. v. SPIVEY; No. 15-15023: Leagle. Retrieved August 9, 2017, from https://www.leagle.com/decision/InFCO20170628065
The Legal Training Division at FLETC (2017). LEGAL UPDATE CASE SUMMARIES. Retrieved August 9, 2017, from http://campaign.r20.constantcontact.com/render?m=1106091886281&ca=066077ed-b540-4fa2-a546-3c0756086cc0
person has the right to expect that the government when acting in its own name, will behave honorably. When a government agent presents law to a private individual and seeks that individual’s cooperation based on officer status as a government agent, the individual should be able to rely on the agent’s representations. A government agent to gain access to evidence which would otherwise be unavailable by invoking the private individual’s trust in government, only to betray that trust. (FLETC, 2017) Therefore, government agency then invokes the power of a court to gather the fruits of its deception, which is held that there is an abuse of process.
(References)
Pryor, W. (2017). U.S. v. SPIVEY; No. 15-15023: Leagle. Retrieved August 9, 2017, from https://www.leagle.com/decision/InFCO20170628065
The Legal Training Division at FLETC (2017). LEGAL UPDATE CASE SUMMARIES. Retrieved August 9, 2017, from http://campaign.r20.constantcontact.com/render?m=1106091886281&ca=066077ed-b540-4fa2-a546-3c0756086cc0