California, United States of America
The following excerpt is from The People v. Reyes, 83 Cal.App.4th 7, 98 Cal.Rptr.2d 898 (Cal. App. 2000):
By contrast, in People v. Rand (1972) 23 Cal.App.3d 579, police were tipped that narcotics activity was afoot at the defendant's home. Officers surrounded the residence and telephoned the defendant with a "warning" that "'the police are coming; get rid of the stuff.'" (Id. at p. 582.) The defendant fled from the premises only to be stopped by a police officer. Questioned about narcotics, the defendant discarded a container of drugs and was placed under arrest. Citing Reeves, the defense argued the evidence should be suppressed as the product of an illegal police ruse. The appellate court disagreed: "[W]ere we to accept the defense argument . . . all under-cover activity would likewise be proscribed. Where the ruse does no more than to cause a defendant, activated by his own decision, to do an incriminating act - whether that act be a sale to an undercover agent or a jettisoning of incriminating material - no illegality exists." (Id. at p. 583; see also, State v. Hendrix (Tenn. 1989) 782 S.W.2d 833, 836 [reaching similar result on similar facts].)
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