Category Archives: Knock and talk

W.D.Mo.: During the knock-and-talk def was not “in custody” for Miranda purposes

During the knock-and-talk at defendant’s apartment, he was not “in custody” for Miranda purposes, and his statements could be used against him. United States v. Butler, 2017 U.S. Dist. LEXIS 201765 (W.D. Mo. Nov. 16, 2017), adopted, 2017 U.S. Dist. … Continue reading

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CA11: Parolee has no REP where he stays

Officers had cause for a protective sweep as well as consent from defendant’s girlfriend to search her apartment where he often stayed. A shotgun was in plain view. Defendant also had no standing because he was a parolee. United States … Continue reading

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FL: A “No Soliciting” sign posted on a home’s front door does not prohibit a knock-and-talk

A “No Soliciting” sign posted on a home’s front door does not prohibit law enforcement officers from conducting a knock-and-talk. People can still approach the front door under Jardines. It’s the law enforcement diversion from business at the door that … Continue reading

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OH1: Leaving drug house under surveillance for two weeks was RS

It was reasonable suspicion for defendant to visit a house under surveillance for two weeks as a drug house with detailed collection of information about comings and goings. State v. Donohue, 2017 Ohio App. LEXIS 3668 (1st Dist. Aug. 25, … Continue reading

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N.D.Fla.: Entry onto 3-4 acre plot for knock-and-talk lawfully entered curtilage

Defendant lived on a 3-4 acre plot, and police lawfully entered through an open gate to conduct a knock-and-talk at defendant’s door. Exactly where the curtilage ends isn’t clear, but it certainly was close to the house where they were. … Continue reading

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E.D.Mich.: Nighttime knock-and-talk and badgering led to invalid consent

Seven to nine DEA agents and a SWAT team showed up at defendant’s house at 11:30 pm October 31 for a knock-and-talk to see if defendant would consent. This was triggered by the arrest of coconspirators. Defendant’s wife finally relented … Continue reading

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MI: Predawn knock-and-talk was a trespass under Jardines; even Girl Scouts know better

Predawn (4 am in one case, 5:30 am in other) knock-and-talk was a trespass and violated social norms under Jardines. Implied license to enter the curtilage is time sensitive. People v. Frederick, 2017 Mich. LEXIS 1113 (June 1, 2017):

Posted in Knock and talk, Reasonableness, Trespass | Comments Off

WaPo: ‘The Volokh Conspiracy’ Blog: The Fourth Amendment and “no trespassing” signs

WaPo: ‘The Volokh Conspiracy’ Blog: The Fourth Amendment and “no trespassing” signs by Orin Kerr: In light of the uncertainty, I thought I would point out the latest decision on the Fourth Amendment implications of ‘no trespassing’ signs: State v. … Continue reading

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TN: Police passing “no trespassing” signs on rural land doesn’t prevent a knock-and-talk

Citing numerous cases, the Tennessee Supreme Court holds that officers passing “no trespassing” signs has no talismanic authority to make a knock-and-talk unreasonable. The overwhelming weight of authority so holds. Police came to defendant’s front door, knocked, and he opened … Continue reading

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IN: Even if prolonged knocking can be unreasonable in a knock-and-talk, here it was justified by a chemical smell at the house

Even if prolonged knocking during a knock-and-talk, recognized as potentially unreasonable in United States v. Jerez, 108 F.3d 684 (7th Cir. 1997), was unreasonable, here it was reasonable because it was based on the officers encountering a chemical on the … Continue reading

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