People v. Zamora
In People v. Zamora, 940 P.2d 939 (Colo. Ct. App. 1996), a Colorado appellate court upheld the use of a ruse in which the police told a man suspected of kidnapping and sexually assaulting a child in his home that they wished to see the layout of his apartment to aid in their investigation of a domestic dispute at an adjacent apartment. 940 P.2d at 941.
The defendant let the police inside, and the police observed that the apartment's layout and the empty waterbed frame in the bedroom matched the victim's description. Id. The defendant was subsequently arrested and convicted for kidnapping and sexual assault. Id.
On appeal, the defendant argued that his consent to the entry of his apartment was invalid because it was obtained through deception. Id.
The court, however, found that the defendant's consent was voluntary based upon the totality of the circumstances. Id. at 942-43.
The court reasoned that although the officers may have partially misrepresented their purpose, they were truthful in saying they desired to see the layout of the apartment. Id. at 943. The court also observed that the officers did not exceed the scope of the consent. Id.