Category Archives: Knock and talk

NC: Going to back door after no answer in a knock-and-talk violates Jardines

Police went to do a knock-and-talk and nobody answered at the front door. Going to the back door, ostensibly as an extension of the knock-and-talk, violated curtilage under Jardines. What was seen went into a search warrant application, and it … Continue reading

Posted in Automobile exception, Curtilage, Knock and talk | Comments Off on NC: Going to back door after no answer in a knock-and-talk violates Jardines

E.D.Mich.: Jones didn’t alter the automobile exception

The automobile exception is intact as it always was, and Jones didn’t do anything to change the calculus. United States v. Lee, 2019 U.S. Dist. LEXIS 99900 (E.D. Mich. June 14, 2019). The government proved that it would have otherwise … Continue reading

Posted in § 1983 / Bivens, Automobile exception, Knock and talk, Qualified immunity | Comments Off on E.D.Mich.: Jones didn’t alter the automobile exception

IN: SW for house includes the curtilage

A search warrant for a house gives police the ability to search the curtilage, too. Hardin v. State, 2019 Ind. App. LEXIS 234 (May 29, 2019). Navajo Nation police officers had implied license to approach the front door of a … Continue reading

Posted in Curtilage, Knock and talk, Scope of search | Comments Off on IN: SW for house includes the curtilage

E.D.Mich.: Knock-and-talk was so authoritative, opening door was a detention

“Based on the loud and persistent knocking of two to three minutes, occurring twice during the span of fifteen minutes, the use of an authoritative tone of voice when the officers announced their presence, and the significant police presence at … Continue reading

Posted in Knock and talk | Comments Off on E.D.Mich.: Knock-and-talk was so authoritative, opening door was a detention

IL: Odor of marijuana detected during a knock-and-talk was reasonably obtained

Odor of marijuana detected during a knock-and-talk was reasonably obtained. People v. Brandt, 2019 IL App (4th) 180219, 2019 Ill. App. LEXIS 224 (Apr. 2, 2019). There was probable cause for plaintiff’s arrest for constructive possession. He was long time … Continue reading

Posted in Curtilage, Knock and talk | Comments Off on IL: Odor of marijuana detected during a knock-and-talk was reasonably obtained

IN: Officer at front door to do knock-and-talk could look through gap in blinds

Officer who was at front of house to do a knock and talk did not conduct an illegal search when he heard noise inside and looked through a gap in the blinds. Jardines is distinguished, and the court used the … Continue reading

Posted in Curtilage, Knock and talk | Comments Off on IN: Officer at front door to do knock-and-talk could look through gap in blinds

CA6: Knock-and-talk on curtilage was permitted

Officers came to plaintiff’s home for a knock-and-talk, and he went out the back with a gun in hand. One officer pursued him, and he ended up racking and pointing the gun and getting shot. The officers get qualified immunity … Continue reading

Posted in Curtilage, Knock and talk, Qualified immunity | Comments Off on CA6: Knock-and-talk on curtilage was permitted

M.D.Fla.: Def was given guest standing to challenge a knock-and-talk that both sides agree was unreasonable

The knock-and-talk turned into a full scale raid, and the parties agree it was unreasonable. The R&R is rejected that defendant didn’t have standing. “The Court finds that defendant has standing to challenge the police conduct in and near the … Continue reading

Posted in Independent source, Knock and talk, Standing | Comments Off on M.D.Fla.: Def was given guest standing to challenge a knock-and-talk that both sides agree was unreasonable

NC: Officers doing a knock-and-talk didn’t unreasonably “linger” in violation of Jardines

Officers could enter defendant’s driveway to conduct a knock-and-talk, and they didn’t “linger” long in violation of Jardines. They smelled marijuana coming from the garage, and that was sufficient to get a search warrant. Defendant’s argument about the sign on … Continue reading

Posted in Curtilage, Knock and talk | Comments Off on NC: Officers doing a knock-and-talk didn’t unreasonably “linger” in violation of Jardines

W.D.N.Y.: A knock-and-talk can lead to seizure of a computer on exigency

After a few bizarre sexual Aol chat sessions, defendant was seeking communication from minors for sex. The police were informed and did a knock-and-talk, and he admitted the communiques and that the laptop in the room was the one involved. … Continue reading

Posted in Emergency / exigency, Knock and talk | Comments Off on W.D.N.Y.: A knock-and-talk can lead to seizure of a computer on exigency

CA5: 2 am knock-and-talk that led to alleged consent and excessive force claim gets no QI

2 a.m. knock and talk may have been unreasonable, and summary judgment for officers is reversed. Plaintiff closed her door and they insisted upon entry. The officers were investigating whether plaintiff’s son committed trespass that night. Plaintiff also stated a … Continue reading

Posted in Knock and talk, Nighttime search, Qualified immunity | Comments Off on CA5: 2 am knock-and-talk that led to alleged consent and excessive force claim gets no QI

CA6: SWAT team surrounding a house for a knock-and-talk violates 4A

Sending the SWAT team to surround a house for a knock-and-talk violated the Fourth Amendment. Having officers in the backyard for officer safety may serve that function, but it’s still a violation of the curtilage under the Fourth Amendment. There … Continue reading

Posted in Curtilage, Knock and talk, Qualified immunity | Comments Off on CA6: SWAT team surrounding a house for a knock-and-talk violates 4A