Category Archives: Knock and talk

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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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

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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

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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

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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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