On November 16, 2010, the Virginia Court of Appeals ruled in Redmond v. Commonwealth of Virginia [i], a case in which one of the issues concerned the use of excuses by a federal agent to gain access to a private residence. Although apologies are synonymous with deception, fraud, double exchange and cunning, the etymology of the word is not difficult. We borrowed the word and meaning from the late Latin subterfugium. This word contains the Latin prefix subter-, which means “secretly”, which is derived from the adverb subter, which means “below”. The -fuge part comes from the Latin verb fugere, which means “to flee” and is, among other things, the source of words such as fugitive and refuge. On appeal, Redmond argued that the observations made by the ATF agent when he and the investigator claimed to be home buyers were illegal and that the search warrant was therefore invalid because the officers were involved in illegal escapes. “Subterfuge.” Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/subterfuge. Retrieved 11 October 2022. Nglish: Translation of Deception for Spanish Speakers The facts are as follows. In June, two wealthy Macauers stayed at Caesar`s Palace in Las Vegas.

The hotel suspected that they were conducting an illegal gambling operation from their room. They called police and the FBI, but could not provide enough evidence to obtain a warrant. Instead, they repeatedly interrupted the guests` internet connection. When guests complained at the hotel, FBI agents with hidden cameras and recorders pretended to be internet repair technicians and convinced guests to let them in. They filmed and recorded everything under the pretext of repairing the internet, then used the information gathered to obtain an actual search warrant. To make matters worse, they lied to the judge about how they got their evidence. After considering the above two rules, the Court of Appeal then considered the precedent relevant to this case. First, the Court considered Lewis v. United States [iv], which was decided by the U.S. Supreme Court in 1966. In Lewis, federal agents posed as buyers of illegal drugs and went to the accused`s home, where they purchased the drugs. The Supreme Court has ruled that deception is to adopt a strategy or lie to avoid guilt or to end.

Borrowed from Middle French subterfugium, medieval Latin subterfugium, Latin subterfugiō (“I secretly flee”), subter (“below”) and fugiō (“I flee”). subterfuge (countable and uncountable, plural subterfuges) Late Latin subterfugium, from Latin subterfugere to escape, escape, to subter- secretly (from subter below; related to Latin sub under) + fugere to flee to more on the rise, fugitive Also, in State v. Ferrari [viii], New Jersey police officers, posing as home buyers, went to a condominium for sale and expressed interest in the real estate agent. Officers then inspected the apartment and observed marijuana in sight. The officer`s submissions formed the basis of the search warrant. The defendant argued that deceiving the officer was a violation of the Fourth Amendment. The New Jersey court ruled that you can`t consent to something you don`t know and understand. FBI agents did not enter the hotel room under the pretext of making an illegal bet. They entered under a false pretext and relied on him to accept their true mission. It makes things different. The occupants of the hotel room did not know to whom they were granting access and they did not know their intentions.

The FBI knew this was going to be a problem. According to the New York Times, “A federal prosecutor initially warned agents not to use tricks on the `consent issue.` In fact, an earlier ruse by agents had failed when a person in one of the rooms refused to let them in. The claim that someone giving access to an Internet technician consents to a police search makes no sense and is no different from one of those “clickable” Internet license agreements that you haven`t read, which say one thing and mean another. It is not consent in the true sense of the word. Second, the Court of Appeals sought precedents from other states, as there was no Virginia case similar to this one. First, the Court considered People v. Lucatero [vi], a California case. In Lucatero, an undercover police officer posed as a house buyer to gain access to a house for sale.

After observing evidence of a crime, the officer obtained a search warrant. Later, the respondent argued that the agent`s observations in his home when the agent posed as a home buyer were unlawful.