Legal Question in Constitutional Law in New Jersey

lying to get consent

Can a police officer lie to a vehicle operator to get consent to search a vehicle?

For example- Stipulate to a lawful stop.

During the stop the officer generates reasonable suspicion.

The opertor initially refuses consent.

The officer then lies that he will call a specially equipped helicopter that can detect drugs from 100 miles away- ''But if I have to call that piece of equipment it's a state crime with a minimum 5 yr. jail term. Now before I call the helicopter, Do you consent?''

Is that a legal way to gain consent to search?


Asked on 12/21/05, 3:34 pm

1 Answer from Attorneys
Dale Lundquist (Solo)

Re: lying to get consent

I do not do a great deal of criminal law work and this area of the law is constantly changing but I am virtually certain the aswer is a resounding "No!."

Logically, consent is something that is given voluntarily. The defendant had already indicated that he would not "volunteer" to have his car searched. He changed his mind only when intentionally misled by a police officer.

This is misconduct. There would be no point to requiring consent if it were legal for police officers to lie, particularly about he law, in order to induce someone to give their permission that they had initially withheld. Obviously, the lie was the difference and I cannot imagine a conscientious Judge letting this one slide.

That is my take on the legal theory. Proving what the officer did is another. Also, as I said, I don't claim a great deal of experience in criminal law so you really should consult with a attorney who does. You may not even be aware of the seriousness of the offense(s) you are charged with.

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Answered on 12/25/05, 1:30 am


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