Category Archives: Knock and talk

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

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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

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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

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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

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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

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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

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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

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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

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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

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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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