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Cal.5th: Police officer could pose as a home buyer and enter with real estate agent as long as officer does not exceed that consent

By John Wesley Hall, Jr.

Officer acted as a potential buyer to access a home with a real estate agent to corroborate an informant, and this entry did not violate the Fourth Amendment because the entry never exceeded the extent of the consent given by the defendant to entries with the real estate agent. People v. Lucatero, 2008 Cal. App. LEXIS 1422 (5th Dist. September 15, 2008): In these limited circumstances, there is no constitutional violation undermining the validity and authority of the search warrant issued. We believe an investigating officer may pose as a potential buyer and enter a home under this misrepresentation, assuming the officer's actions do not exceed the scope of the consent. The officer must act as a potential buyer and do nothing that would violate the homeowner's legitimately held privacy expectations, as defined in the context of the homeowner's general invitation to members of the public to view the interior of the home for purposes of marketing the home...continue to full post

Full post as published by Fourth Amendment on September 20, 2008 (boomark / email).