INTERESTING CASE: Police can detain a person on the scene when they execute a warrant. But can they call up a suspect and make up a fake story about needing him to be home to get him to be there so he can be detained? CA9 rules 2-1 that they cannot.
cdn.ca9.uscourts.gov/datastore/opin… #N
cdn.ca9.uscourts.gov/datastore/opin… #N
I'm not sure what I think of this. It's true that a ruse can expand what the government can search and seize, manipulating the rule. OTOH, don't Ky v. King and Navarette v. CA suggest that police steps that manipulate rules are okay as long as they don't themselves violate 4A?
The majority opinion is weirdly free form in some ways, in that it conducts a balancing test over the ruse: It concludes that the decision to do the ruse fails the balancing test. But the 4th Amendment balancing test is only for searches and seizures, and a ruse is neither.
Anyway, interesting case.
Oh, and if you have views of it, arguments based on actual 4th Amendment law are particularly welcome. :)
Oh, and if you have views of it, arguments based on actual 4th Amendment law are particularly welcome. :)
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