Category Archives: Knock and talk

E.D.N.Y.: 6 am knock-and-talk was not unreasonable

A 6 am knock-and-talk was not shown to be unreasonable [on the totality] under Jardines. Defendant doesn’t claim that he was too sleepy to respond to them. United States v. Ofsink, 2021 U.S. Dist. LEXIS 24933 (E.D. N.Y. Feb. 8, … Continue reading

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W.D.La.: Protective sweep for AK-47 was reasonable on knock-and-talk for weapon, denial of entry, and smelling MJ; one officer was to leave for SW

Police properly conducted a protective sweep for an AK-47 after a knock-and-talk did not gain entry. Police had an anonymous source, and defendant was an alleged felon in possession, and they went for a knock-and-talk. Defendant refused to consent, and … Continue reading

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CA11: Even if warrantless monitoring of a package in def’s home violated 4A, inevitable discovery applies

Even if warrantless monitoring of a package into defendant’s house violated the Fourth Amendment, inevitable discovery applies. There was an intensive investigation and time was of the essence. The exclusionary rule should not be applied. United States v. Watkins, 2020 … Continue reading

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W.D.Ky.: When there is PC and the automobile exception applies, the 4A doesn’t require a drug dog be used

The officer had probable cause on the totality for a vehicle search under the automobile exception. It wasn’t required that the drug dog that was there be used, too. United States v. Moralez, 2020 U.S. Dist. LEXIS 206109 (W.D. Ky. … Continue reading

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VA: Knock-and-talk is still a valid exception for entry onto the curtilage

While entry into the curtilage is presumptively unreasonable without a warrant, Collins v. Virginia, 138 S. Ct. 1663, 1670 (2018), there is still implied license for police to enter for a knock-and-talk. Saal v. Commonwealth, 2020 Va. App. LEXIS 241 … Continue reading

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CA9: Transcript of interaction at door during knock-and-talk was admissible

“Moore contends that the district court erred in denying his motion to suppress the transcript of a conversation he had with FBI agents, which he alleges was the product of a warrantless search and seizure in violation of the Fourth … Continue reading

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OH2: Furtive movement during knock-and-talk justified entry

Officers entered an apartment building with the consent of one of the tenants when they were investigating a threat with a firearm by one of the tenants. Their knock-and-talk at defendant’s door was reasonable, as was ordering him to open … Continue reading

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MT: Knock-and-talk led to forced entry based on exigency of officers being made

A Montana DTF was tipped off to defendant bringing a cache of heroin to a motel to distribute. Officers set up surveillance and recognized local drug dealers coming and going. They called for uniformed backup and attempted a knock-and-talk which … Continue reading

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CA5: 10 am knock-and-talk didn’t violate Jardines

Officers who came to defendant’s door at 10 am and asked for permission to use a dog to sniff his yard didn’t violate Jardines. United States v. Flores, 2020 U.S. App. LEXIS 10235 (5th Cir. Apr. 1, 2020). “The present … Continue reading

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OH5: Knock-and-talk led to smell of MJ grow; entry for protective sweep before getting SW wasn’t unreasonable

Police came to do a knock-and-talk, and they could smell a marijuana grow from outside. They decided to do a protective sweep for people before they left to get a search warrant because they heard music from inside the home. … Continue reading

Posted in Curtilage, Informant hearsay, Knock and talk, Protective sweep | Comments Off on OH5: Knock-and-talk led to smell of MJ grow; entry for protective sweep before getting SW wasn’t unreasonable

CA11: Domestic disturbance call with a report of shots fired permitted a warrantless entry and then a protective sweep for victims

A domestic disturbance call with a report of shots fired permitted a warrantless entry and then a protective sweep for victims: “Based on the 911 call reporting gunshots and a domestic disturbance, combined with Peacock’s initial observations upon arriving at … Continue reading

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E.D.Tenn.: Knock-and-talk wasn’t drawn out to become a seizure at def’s own door; good Franks example

That the knock-and-talk was too long drawn out to turn into a seizure is rejected. The officers testified they smelled marijuana at the door. “The Court finds Defendants’ next two contentions, that the officers’ ability to smell marijuana at the … Continue reading

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CA9: Shaking a fanny pack rather than searching it was reasonable during a stop-and-frisk

Shaking defendant’s fanny pack to see if there was a weapon rather than opening it was reasonable as a part of stop and frisk. United States v. Elenes, 2019 U.S. App. LEXIS 33067 (9th Cir. Nov. 5, 2019). Officers could … Continue reading

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E.D.Ky.: Entry into the curtilage for knock-and-talk ended up a hot pursuit and abandonment

Officers came to defendant’s home for a knock-and-talk, and he saw them and fled, and the USMJ credited that the officers could see him discard a drug container. The court finds this was hot pursuit. “Of course, the Versailles police … Continue reading

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CA5: Sounds inside at a knock-and-talk created exigency

Police did a knock-and-talk on a motel room door, and the sound of scrambling inside and a toilet flush was exigency. Also, defendant was a casual visitor almost certainly without standing. United States v. Daniels, 2019 U.S. App. LEXIS 20449 … Continue reading

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CA8: Second attempt at knock-and-talk wasn’t unreasonable under Jardines

Officers went to defendant’s home for a knock-and-talk and could smell green marijuana. Their second attempt at a knock-and-talk wasn’t unreasonable under Jardines. United States v. White, 2019 U.S. App. LEXIS 19446 (8th Cir. June 28, 2019). “Ferguson, however, does … Continue reading

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