Category Archives: Knock and talk

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

Posted in Knock and talk, Reasonable suspicion | Comments Off on IN: Even if prolonged knocking can be unreasonable in a knock-and-talk, here it was justified by a chemical smell at the house

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

Posted in Curtilage, Knock and talk | Comments Off on SC: Entry into backyard for knock-and-talk was really a search violating curtilage

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

Posted in Knock and talk, Reasonable suspicion | Comments Off on NC: Surrounding house for a knock-and-talk didn’t make the knock-and-talk unreasonable

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

Posted in Knock and talk | Comments Off on KY: There is no jurisdictional requirement for knock-and-talk

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

Posted in Curtilage, Knock and talk | Comments Off on OH3: Burning MJ on lot next to def, with his admission to firefighters it was his MJ and fire, justified knock-and-talk

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

Posted in Ineffective assistance, Knock and talk, Reasonable suspicion | Comments Off on CA10: Def would lose 4A issue in any event, so no IAC

FL1: Assault of officer on porch attempting to talk to def leading to police entry and more resisting not subject to exclusion

Police came to defendant’s trailer to talk to him about a domestic battery allegation. He refused to come out, and argued at the door with the police. Finally, he reached out and slapped an officer’s hand. That led to them … Continue reading

Posted in Exclusionary rule, Knock and talk | Comments Off on FL1: Assault of officer on porch attempting to talk to def leading to police entry and more resisting not subject to exclusion

NC: Knock-and-talk led to smell of raw marijuana and then a valid protective sweep

A CI said that defendant’s house was the target of potential marijuana robbery with AK-47s, the police went there to do a knock-and-talk. When the door was opened, defendant didn’t seem to understand English, and the officers smelled raw marijuana, … Continue reading

Posted in Consent, Knock and talk, Protective sweep | Comments Off on NC: Knock-and-talk led to smell of raw marijuana and then a valid protective sweep

MI dismisses grant of discretionary review on application of Jardines to a knock-and-talk

Michigan granted discretionary review to determine the application of Jardines to a knock-and-talk, but dismissed it after considering the briefs. Three justices dissented from declining to decide the case. People v. Radandt, 2016 Mich. LEXIS 1591 (July 29, 2016)*:

Posted in Curtilage, Knock and talk | Comments Off on MI dismisses grant of discretionary review on application of Jardines to a knock-and-talk

NC: Driving at normal speed out of a parking lot wasn’t “flight” for RS purposes

Driving out of a parking lot at a normal speed was not flight for reasonable suspicion purposes. “In the present case, the officers observed activity which made them suspect that Defendant’s actions in leaving the apartment complex might constitute flight, … Continue reading

Posted in Knock and talk, Reasonable suspicion | Comments Off on NC: Driving at normal speed out of a parking lot wasn’t “flight” for RS purposes

FL1: Knock-and-talk on motel room door didn’t need justification, but here it was because robbery getaway car was outside

Officers could conduct a knock-and-talk at a motel room door without reasonable suspicion based on the fact the getaway car from an armed robbery was in the parking lot. When the person opening the door was recognized as the robber … Continue reading

Posted in Knock and talk | Comments Off on FL1: Knock-and-talk on motel room door didn’t need justification, but here it was because robbery getaway car was outside

CA6: Officers doing a knock-and-talk for meth were confronted with an emergency justifying entry

Officers responded to a noise complaint and ran into a guy outside who said he was there to buy methamphetamine. They went to the door and smelled meth being manufactured. Nobody answered. They went around to the back to see … Continue reading

Posted in Cell phones, Emergency / exigency, Knock and talk | Comments Off on CA6: Officers doing a knock-and-talk for meth were confronted with an emergency justifying entry