Punking a suspect not a constitutional violation
This has been a week in which we’ve gotten some revealing glimpses into the extraordinary lengths law enforcement will go in their “investigations.” On Monday, U.S. v. Mayer told us of an FBI agent’s intrepid masquerade as an enthusiastic member of NAMBLA. On Friday, we learn of the skill shown by the DEA and cooperating local police in staging an elaborate scam beginning with a staged car accident, included a mock car chase, and culminated in a car seizure disguised as a theft. The elaborate ruse was employed because law enforcement want to prevent delivery of the contraband in the car without tipping off the conspirators about he ongoing investigation.
In U.S. v. Alverez-Tejeda, the Ninth Circuit upheld the search of the vehicle, concededly made with a warrant after the car had been seized through the staged theft. The District Court had suppressed the drugs found in the car, but the Ninth Circuit reversed. The parties had conceded that the government had the authority to seize the car, because there was probable cause to believe the car was being used to carry contraband. The issue was whether the lawful seizure was carried out in an unreasonable manner. The Court found the intrusion into the defendant was mild, as the staged accident used minimal force, without serious risk of injury. While the use of deception to gain access to areas the government could not otherwise access would be inappropriate, there was not constitutional violation here, as the government was entitled to seize the property anyway.
