Forcible Entry - Excuse And Trickery

[Music] J We're going to have to kick this go ahead I'm set Kick It [Applause] Go Get on the [Music] Flor well that sounds good to me do you have any problems with the courts I just won the Supreme Court they threw it out well now why why' they do that you had the consent of the wife you know there's some things about this knock and notice stuff that bother me how did I get you for a partner anyway what do you mean I mean where were you doing Hadley's Le on excuse he laid it all out consent everything oh yeah but that's when I was off to cover for Jackson what do you say about consent come on I'll tell you normally before you can kick in a door you've got to knock announce yourself and explain why you're there right all right there's three main areas when you do not have to comply with any of those requirements like if the guy inside is trying to Escape right or if he's trying to destroy evidence and the other times if there's going to be more chance of someone getting hurt if you do announce yourself then if you don't that's simple enough no not so simple you've got to look at each situation separately you need specific information at the scene for instance Hadley was telling us about a case where is that the house sure is 1636 Maple what do you think I think we kick it if this dude knows we're outside he's going to try and do us how are we going to get by knock and notice well remember what record said about his uh last two arrests each time he's had a 45 with him he use it you see his wrap sheet mot with violence ADW is assault you name it look I want to nail this guy and I want this bust a stick but with prior information like that it's not going to get by knock a notice I think we should have something at the scene to use the officer is following recent cases in advising his partner that prior information about a suspect may not be sufficient to excuse non-compliance with knock and notice statutes those cases say that the common law exceptions to knock and notice pertain only to emergency situations at the time of entry in other words unannounced entry is excused only on the basis of emergency circumstances existing at the time an officer approaches a site to make an arrest or execute a warrant why don't you go around cover the back hold it there's a piece on the couch I think this guy's going to be in business come on over here door's locked we have to kick it and the Court held out a good entry they didn't have to knock a notice and explain why they were there they had specific information on the guy that he was probably armed and liked to shoot when resisting arrest but most importantly they saw he had a weapon inside the house at the time of the arrest and was likely to use it and he was standing in a place where he had a right to be the front porch when he saw the gun what about a Nar case you know where the suspect can flush his stuff down the John before you finish your Spiel on the porch Hadley says there's a general rule about a case like that he said that it looks like they're not here yet how do you know there's supposed to be a green Matador parked out front surveillance team said they should should be there by now what the hell why wait let's go in and get the evidence and then wait for him H it's fine wo you can't do that look we'll do everything right we'll knock tell them who we are and why we're here we'll even wait a few minutes before we kick the door that's great but it's illegal you got to have good faith belief that your suspect's actually inside before you go in otherwise the court will throw it out look somebody's [Music] coming [Music] officer Barnes was correct when he told his partner part they needed a reasonable belief that the suspect was in the house before they could enter being experienced narcotics officers they know narcotics suspects usually try to destroy evidence if they realize police are nearby but this alone is not enough to excuse compliance with the NOA notice rules compliance will be excused only if at the time the police act they have specific facts indicating that evidence is about to be destroyed common examples of such facts are retreating footsteps the sound of a flushing toilet or overheard statement from the occupants that they are going to destroy the evidence police officers down the in that case they didn't even get an opportunity to knock on the door the suspects gave them the excuse to go right in if you hear any sound like the flushing of a toilet or running footsteps or something that reasonably leads you to believe that the occupants are fleeing destroying the evidence or maybe going to get their weapons don't wait go right in I forgot to tell you that Hot Pursuit Ming Aid situations I know about those if a guy you're chasing runs into a building or another structure forget about knocking no and fall him right in same goes for rendering Aid situations you know if you hear moans or other noise doesn't sound like an emergency good about knocking notice and where you're tremendous Jim I suppose tomorrow he'll be spouting off Cas citations to me listen there's Dicker I don't go talk to anybody his K dick I'll see you later all right [Music] come on let's go we got a hot one they found Porky Porky F fens in [Music] town this is all set up the je wife is given us consent to enter how come keep of dingling Revenge or something who cares [Music] dumb let's go right in we got consent from who the wife I told you you sure that's enough let's go come on I want to get this cat okay Jimmy we're going to have to kick this go ahead I'm set Kick It Go [Applause] [Music] go get down [Music] listen I hear uh pory did a number on your knock and notice theories in court Tuesday yeah what's the matter Jim didn't you know the uh person giving consent Ander had to be within the premises you were really a big help aren't you consent to enter is a valid excuse for not complying with NOA notice requirements however the consent must be given by someone inside the premises as this last vignette demonstrates a consent given by one of the residents of a house when not inide of it is not sufficient however it is doubtful whether nakao statutes could protect a trespasser if the absent householder gave police consent to winner in order to remove him an area closely related to knock and notice is entry by trickery or subterfuge the United States Supreme Court has told us there is nothing inherently unlawful in the use of police subterfuge in suppressing crime as long as constitutional rights are not invaded thus the use of undercover operations in such areas as narcotic buy programs has been approved by the courts however the California courts which tend to be stricter in these matters have disapprove such conduct as an officer's entry gained through his positive misrepresentation that he was an appliance repairman [Music] [Music] hey that neighbor might be right it sounds like a coke party yeah you can practically hear the snowfall hey listen I got a way that we can get inside so we can find out exactly what's going on people have been going up to the door all day long and just knocking then they just go right in so why don't we just come on up to the door you mean that we uh just yeah what about knocking notice don't knock it if you haven't tried it that's really funny winell but don't we have to they say come on in it'll be consent you mean we're just going to knock on the door state police officers conducting a Narcotics investigation they're just going to say come in no no no we're going to knock just knock okay go ahead come on in the door's [Music] open police offic go on arrest everybody put your hands in your head you get over here let's go hey don't move don't move get over there your were come on MO right down here a California Supreme Court case held this type of police action legitimate because the officers made no positive Act of misrepresentation merely knocking on the door and being invited to come in is a consensual entry making compliance with knocka NOA statutes unnecessary another creative entry by Officer Jim richardon you want to argue with the Supreme Court know but it's a little riskier why well how about no probable cause why should that make a difference all we want to do is have a look inside once he opens the door we're going to see Macy's basement anyway yeah well how much longer is it going to be I don't want this crap around after Friday yeah yeah yeah I know but get this stuff out of here I mean how much longer can I tell the manager I'm still moving in huh fine all I want you to do is tell them you're checking filters for gas heaters I don't like things like this at my place you like these for tenants where's his apartment it's over here okay just knock on the door I'll be right behind you all we want is a look from the hallway into the apartment go on come on yeah who's there it's a manager I'm just checking heating filters Mr White House yeah well uh come back later I'm on the phone tell just take a minute okay it'll just take a minute okay I'll be right there hey what breath White House look what's going on here I mean um hey you guys got nothing on me I just moved in here I haven't had a chance to pack this stuff away yet yeah we'll pack it away and you with it on the wall move on the wall move on the wall spr them out most courts led by the federal courts would find no illegality in the officer's use of trickery here since they use no Force to gain entry however California courts which have set Trends in the search and seizure area now generally agree that if the police have no probable cause and use trickery to gain entry into a residence it is illegal note that in this case the officers use a positive Act of misrepresentation when they induce the manager to make false statements about the heater filters he's supposed to be here where is he here he comes I wonder if he made a buy okay scobby how much half a piece that's good enough any more stuff well if you mean does it look like a pharmacy yeah it does well I checked the place out and that's the only exit are you sure that's his car over there hey man I'm sure there's a phone booth down on the corner I'm going to go do that and I'll meet you back here by the car yeah uh say look this is a friend of scoby uh the Heat's making tracks for your place you better get rid of your stuff yeah it's okay forget it I wonder if he's going to bite wait I think he's coming police officer going to talk to [Applause] you all right left hand on your head left hand on your head because there was no entry but merely AR ruse to draw the suspect out of his dwelling this type of police action has been approved by the courts the police were only providing an opportunity for Monger to incriminate himself they did not use trickery to gain entry into his home now what have we learned we have learned that an entry by police who do not comply with NOA notice requirements is permissible only in emergency circumstances and in addition these emergency circumstances must be present at the time the police are approaching the site unannounced entries based on prior information that an emergency may exist is not sufficient ient the three most common reasons for an unannounced entry are that the evidence will be destroyed the suspects will escape or the danger to the officers will increase if the rules are complied with but prior knowledge that the suspects might destroy evidence or Escape or shoot is not sufficient and remember police do not have to knock and announce where they are in Hot Pursuit or need to render emergency aid another important point is consent consent to enter must be given by persons within the structure structure however if the person in the house is a trespasser it is doubtful whether he would be protected by typical knocka notice statutes if an absent householder gave police consent to enter as to tricker aruse remember that it's an unsettled area but that you can probably use these devices where you have probable cause and you perform no positive Act of misrepresentation lastly remember that the courts apparently do permit you to use subterfuge to draw a suspect out of a structure [Music] sure [Music]