Category Archives: Knock and talk

LA5: Knock-and-talk cannot be used to create exigency

Officers came to defendant’s house because a couple of drug suspects had visited him. The officers’ knock-and-talk didn’t gain them entry into the house, and a knock-and-talk can’t be used to create exigent circumstances. A protective sweep was unjustified because … Continue reading

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D.Me.: In a knock-and-talk for CP, it was not unreasonable to tell defendant he had the choice of consenting to seizure of the computer or the house pending arrival of a SW

Officers came to defendant’s house essentially as a knock and talk to obtain child pornography on his computer which they knew he had. They told him he could consent to a seizure of the computer while they got a warrant … Continue reading

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NC: Knock-and-talk at side door was unreasonable; the fact def’s friends and occasional buyers went to that door and not obvious front door isn’t an excuse

The police did a knock-and-talk and went to a side door. A knock-and-talk is limited to the door the public goes to. The fact an occasional visitor defendant knew well was permitted to go to another door doesn’t give the … Continue reading

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FL4: Knock-and-talk can’t go to side door of outbuilding

The prior owner’s consent three years earlier couldn’t be attributable to defendant. [Yes, officers really said they believed that it could.] A knock-and-talk that progressed to another building within the fencing violated curtilage and the limits on knock-and-talk. Osorio v. … Continue reading

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CA11: Ten officers for a “knock and talk” violated Jardines, but it wasn’t the cause of the search of the house

Ten officers approaching defendant’s house for a “knock-and-talk” violated Jardines, but that doesn’t matter because it didn’t lead to the discovery of evidence. Defendant didn’t see them, and he opened the door in response to the knock. Then the officer … Continue reading

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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):

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