Category Archives: Knock and talk

WA: Ferrier warnings of a right to refuse a search of the home on a knock-and-talk must come before the police enter the house, not after

Posted on March 4, 2015 by Hall

Washington’s Ferrier warnings of a right to refuse a search of the home on a knock-and-talk must come before the police enter the house, not after. State v. Budd, 2015 Wash. App. LEXIS 439 (March 3, 2015):

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MO: Entry to talk to defendant about stolen car was without exigency and suppressed

Posted on November 29, 2014 by Hall

Officers got word that a man was trying to sell a stolen car, and they gave defendant’s address. One drove by defendant’s house five times before finding the car there, so he called for back up, doing a knock-and-talk over … Continue reading →

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SCOTUS per curiam decides a not front door knock-and-talk on qualified immunity

Posted on November 10, 2014 by Hall

Officers didn’t go to the front door for a knock-and-announce and they didn’t anybody. The law was not clearly established at the time. The homeowner sued under § 1983. SCOTUS per curiam grants the officers qualified immunity without full briefing. … Continue reading →

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OH2: Five officer knock-and-talk valid where defendant on porch when consent given

Posted on September 20, 2014 by Hall

Five officers showed up at defendant’s house for a knock and talk and one went down the alley to check around back there. Defendant had a dog, and, when he came to the door, he was asked to come outside. … Continue reading →

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KY: 2 am knock-and-talk based on tip was suppressed where tip quickly proved wrong

Posted on September 20, 2014 by Hall

2 a.m. knock and talk based on midnight anonymous call about noxious odors from the property was invalid where the officers approaching smelled nothing. “Upon receipt of the anonymous tip, the police had a duty to respond and investigate to … Continue reading →

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FL3: Knock and talk outside def’s gate led to consent; he could have refused and asked for DL back

Posted on September 18, 2014 by Hall

The trial court erred in suppressing defendant’s knock and talk. He was outside his gated property and could have not consented to the entry. While the police had his DL in hand, he could have asked for it back and … Continue reading →

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OH5: Knock-and-talk doesn’t permit entry into backyard, too

Posted on May 7, 2014 by Hall

Knock-and-talk is a legitimate law enforcement technique, but other officers fanning out to enter the backyard, the curtilage, at the same time is not. The observations in the backyard lead to suppression of the search. State v. Morgan, 2014-Ohio-1900, 2014 … Continue reading →

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IN: A person has a right to refuse to answer a knock-and-talk; refusal not exigent circumstances

Posted on May 1, 2014 by Hall

A person has a right to refuse to answer a knock-and-talk, and that refusal isn’t exigent circumstances. Here, the police came to the juvenile’s house because of a noise complaint, found a store shopping cart in the back of a … Continue reading →

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