Category Archives: Knock and talk

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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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

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