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W.D. Tex.: Ruse photograph to get permission to enter to look for person is not free consent

By John Wesley Hall, Jr.

ICE use of a ruse photograph to get permission to enter home to look for the person in the ruse when they are really looking for somebody they hope will be there is not free consent. United States v. Hernandez-Juarez, 2009 U.S. Dist. LEXIS 22031 (W.D. Tex. March 16, 2009): Although this case does not deal with the use of police deception to the degree recited in Montes-Reyes, the Government has not met its burden of establishing that it secured Mrs. Hernandez's consent voluntarily. Viewing the totality of all the circumstances, the ICE agents entered the most private of spaces, a home, without a warrant and with only a hunch that the person they were looking for would be inside. The ICE agents used a ruse upon a non-English speaking alien to obtain entry...continue to full post

Full post as published by Fourth Amendment on March 21, 2009 (boomark / email).