Category Archives: Knock and talk

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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SC: Entry into backyard for knock-and-talk was really a search violating curtilage

Officers entered defendant’s backyard, the curtilage, to conduct what they called a “knock-and-talk,” but it was really a search by their own admission, and they violated the Fourth Amendment. The trial court was correct in finding the backyard curtilage and … Continue reading

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NC: Surrounding house for a knock-and-talk didn’t make the knock-and-talk unreasonable

Defendant had a running generator connected to his house and mold and condensation on the windows. A CI had said that defendant had a grow operation. Officers came to the house and confirmed the generator and windows from the front. … Continue reading

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KY: There is no jurisdictional requirement for knock-and-talk

There is no such thing as a jurisdictional requirement that a law enforcement officer outside of his or her jurisdiction can’t come to one’s door to do a knock-and-talk. The officers did nothing more than any other citizen could do … Continue reading

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OH3: Burning MJ on lot next to def, with his admission to firefighters it was his MJ and fire, justified knock-and-talk

The fire department was called to an open burn, and the police came along, too. There was the apparent smell of burning marijuana. The officers went to the nearest structure next door for a knock-and-talk about the burning marijuana. The … Continue reading

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CA10: Def would lose 4A issue in any event, so no IAC

2255 petitioner argued that state appellate counsel was ineffective for not challenging trial counsel’s ineffectiveness in failing to argue a knock-and-talk. The knock-and-talk would be valid in any event, so there can’t be any IAC. Moore v. McCollum, 2016 U.S. … Continue reading

Posted in Ineffective assistance, Knock and talk, Reasonable suspicion | Comments Off

FL1: Assault of officer on porch attempting to talk to def leading to police entry and more resisting not subject to exclusion

Police came to defendant’s trailer to talk to him about a domestic battery allegation. He refused to come out, and argued at the door with the police. Finally, he reached out and slapped an officer’s hand. That led to them … Continue reading

Posted in Exclusionary rule, Knock and talk | Comments Off

NC: Knock-and-talk led to smell of raw marijuana and then a valid protective sweep

A CI said that defendant’s house was the target of potential marijuana robbery with AK-47s, the police went there to do a knock-and-talk. When the door was opened, defendant didn’t seem to understand English, and the officers smelled raw marijuana, … Continue reading

Posted in Consent, Knock and talk, Protective sweep | Comments Off