Forcible Entry - Excuse And Trickery 1976

so [Music] go ahead i'm sick kick it go go [Applause] [Music] 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'd they do that he 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 relationship an excuse he laid it all out consenting everything oh yeah but that's when i was off the 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 any other times if there's going to be more chance of someone getting hurt if you do announce yourself than 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 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 we're going to get by knocking notice well what record said about his uh last two arrests each time he's had a 45 with him you use it see his rap sheet voted with violence adw's assaults you name it look i want to nail this guy and i want this bus to stick but with prior information like that it's not going to get by knocking 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 there's a piece on the couch i think this guy's gonna be in business come on over 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 a wrist 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 well what about a narc case you know where the suspect can flush the stuff down the john before you finish your spiel on the porch hadley said there's a general rule about a case like that he said [Applause] 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 be there by now what the hell why wait let's go in and get the evidence and then wait for him ah that's fine one show 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 this court will throw it out but somebody's coming officer barnes was correct when he told his partner they needed a reasonable belief that the suspect was in the house before they could enter being experienced narcotics officers they know narcotic suspects usually try to destroy evidence if they realize police are nearby but this alone is not enough to excuse compliance with the naka 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 statements from the occupants that they are going to in that case they didn't even get an opportunity to knock on the door the suspects gave an excuse to go right in if you hear any sounds like the flushing of a toilet or running footsteps or something that reasonably leaves 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 about hot pursuit rendering age situations i know about those well if a guy you're chasing runs into a building or another stretching forget about knocking those and falling right in same goes for entering aid situations you know if you hear moans or other noises it sound like an emergency forget about knocking notice and where's your name you're tremendous jim i suppose tomorrow will be spouting off case citations to me listen there's dicker i'm gonna go talking about his tape i'll see you later [Music] [Applause] come on let's go he got a hot one they found porky porky that's saddest fence in town [Applause] [Music] this is all set up the jew's wife has given us consent to enter how come she's a ding-a-ling revenge or something who cares it's dumb [Music] so [Applause] let's go right in we got consent from who the wife i told you i'm sure that's enough let's go come on i want to get this cat okay go [Applause] hey [Applause] listen i hear uh porky 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 and had to be within the premises you were really a big help weren't you to enter is a valid excuse for not complying with naca 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 inside of it is not sufficient however it is doubtful whether naca noticed statutes could protect a trespasser if the absent householder gave police consent to winner in order to remove him [Applause] 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 by programs has been approved by the courts however the california courts which tend to be stricter in these matters have disapproved such conduct as an officer's entry gained through his positive misrepresentation that he was an appliance repairman [Music] [Music] [Music] [Applause] 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 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 i mean that we uh just uh yeah what about knocking notice no i'm not gonna be having tried it oh that's really funny winchell but don't we have to they say come on in and be concerned you mean we're just gonna knock on the door state police officers kentucky a narcotics investigation they're just gonna say come in no no no we're gonna go knock just knock okay go ahead [Music] come on in the door's open [Music] come on the police officers going to rest everybody put your hands in your head get over here hey don't move don't move get over there 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 nakano statutes unnecessary another creative entry by officer jim richardson you want to argue with the supreme court no but it's a little riskier why well how about no probable cause why should that make a difference all i 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 do you like these for tenants where's his apartment that's over here [Applause] okay just knock on the door i'll be right behind you only wants to look from the hallway into the apartment go on come on yeah who's that it's a manager i'm just checking heating filters mr whitehouse yeah well i'll come back later i'm on the phone tell me just take a minute okay so just take a minute okay i'll be right there hey what freak 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 i don't know spring 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 scoby how much half a piece that's good enough any more stuff well he 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 gonna go do that and i'll meet you back here by the car [Applause] yeah uh say look this is a friend of scobee's uh the heat's making tracks for your place uh you better get rid of your stuff yeah it's okay forget it i wonder if he's gonna bite wait i think he's coming police officers want to talk to you [Applause] all right left hand on your head left hand on your head because there was no entry but merely a 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 naca 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 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 however if the person in the house is a trespasser it is doubtful whether he would be protected by typical knock and notice statutes if an absent householder gave police consent to enter as to trickery or ruse 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] so [Music] you