Category Archives: Knock and talk

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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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

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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

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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)*:

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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

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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

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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

RI: Description of CP sufficient for PC; magistrate doesn’t have to view it

An issuing magistrate doesn’t have to see the child pornography to find probable cause it was on the subject computer; a description will do. IP information tied to the child pornography was probable cause for the residence and computers in … Continue reading

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CA9: 4 am knock-and-talk violated implied license of Jardines

Officers came to defendant’s house at 4 am for a knock-and-talk to arrest him. They heard a crashing noise in the backyard and found defendant there. The subsequent search of defendant’s house was presumptively unreasonable and without any lawful justification. … Continue reading

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CA10: “No trespassing” sign doesn’t deny implied license of a police officer to approach a house to ask questions

Even a “no trespassing” sign doesn’t deny implied license of a police officer to approach a house to ask questions of the occupant. United States v. Carloss, 2016 U.S. App. LEXIS 4547 (10th Cir. March 11, 2016):

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