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Summary

This chapter analyses the practical and normative challenges of deceptive – and sometimes manipulative – criminal investigations, in the criminal justice systems of the United States, Germany, and England and Wales. With particular emphasis on ‘entrapment’ by state agents and the custodial interrogation of criminal suspects, it describes how the different legal traditions conceive these issues and considers ongoing attempts to regulate them through complex, multi-level legal frameworks. The chapter concludes with comparative reflections on domestic law experiences and their implications for procedural models, legal culture, jurisprudential principles and conceptions of legitimate political authority in criminal justice.

Summary

Justice Marshall* delivered the opinion of the Court.

In this case, we decide whether it is consistent with the Fourth Amendment for a police officer who observed a traffic violation to use that violation as the justification to perform a racially-selective traffic stop, or as the pretext to investigate a crime for which the officer does not have probable cause. We answer that question in the negative.

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9 - Pretext, Deception and Entrapment in Criminal Investigations

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92 U.S. 542Supreme Court of the United States

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9 - Pretext, Deception and Entrapment in Criminal Investigations

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92 U.S. 542Supreme Court of the United States

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