Fake 911 Calls Were Used To Unlawfully Search Homes, Durham Police Admit

Fake 911 calls were used to unlawfully enter the homes of some Durham area residents, a new report states.

According to IndyWeek.com, many lawyers believe the practice to be illegal. However, some Durham Police Officers must not have gotten that message.

Depending on which of these officers you ask, in fact, it’s just a part of official department policy.

The report states that “several Durham police officers” lied about fake 911 calls to try to convince residents to allow them to search their homes. From the report:

The officers targeted residences where individuals with outstanding warrants were thought to be living, and told them that dispatch had received a 911 call from that address, when no such call had been made.

However, Durham Police Chief Jose Lopez says the 911 tactic was never a part of official policy. Last month, the department officially banned the practice, according to a memo from Lopez.

According to the site, the tactic “came to light at a court hearing on May 27, when a Durham Police officer testified it was part of official departmental policy.”

(This, of course, contradicts Lopez.)

The hearing centered on a defendant charged with marijuana possession. Those charges were eventually dropped, so the site did not provide a name.

In February, Officer A.B. Beck knocked on the defendant’s door in South-Central Durham. When she answered, Beck lied and said that someone in her home had called 911 and hung up, and that he wanted to make sure everyone was safe.

The defendant allowed Beck to search her home as a result, and it was then that he discovered two marijuana blunts and a marijuana grinder.

On the witness stand, Beck admitted to fabricating the fake 911 calls in order to enter the house and said his true intent was to serve a warrant; however, he never actually produced a warrant at the May hearing.

Beck also said that the 911 tactic was allowed “under a department policy in cases where domestic violence is alleged,” recalled Morgan Canady, the defendant’s lawyer.

From the cross-examination:

Canady: Did you say there was a 911 hang-up? she asked.

Beck: Yes, he said.

C: But there was not a 911 hang-up?

B: No.

C: So you entered the house based on a lie?

B: Yes.

C: And this is your policy for domestic violence warrants?

B: Yes.

With confession acquired, Canady motioned to suppress the marijuana evidence. “Since the defendant’s consent was based on false premises,” Canady said, “the consent was not informed and voluntary.”

Chief District Judge Marcia Morey of Durham County allowed the motion to suppress.

Do you think fake 911 calls should be banned as a police tactic for searching homes? What do you think should be done as a discipline measure in the above case? And would you allow an officer to search your home if they made a similar claim as Officer Beck?

[Image via ShutterStock]