LA4: Def consented to entry on knock-and-talk, and circumstances inside supported protective sweep

Officers were aware of defendant’s being involved with drugs, and they came to do a knock-and-talk, and he let them in. Once inside, they could hear other people in the back, a “commotion” with barking dogs, and they could smell burnt marijuana. Once lawfully inside, these circumstances permitted a protective sweep. State v. Jefferson, 2014 La. App. LEXIS 1038 (La.App. 4 Cir. April 16, 2014):

In this case, the agents were aware of the possible criminal nature of the activities taking place at the residence and the suspect’s criminal background when they approached Mr. Jefferson’s home. Further, the immediate detection of marijuana smoke coupled with the sounds of people moving around and dogs barking in the back of the house, gave rise to the agents’ reasonable fear that others may be in the house posing a threat to officer safety, prompting the protective sweep of the house. Given that reasonableness is the cornerstone of the Fourth Amendment and the totality of the circumstances, we find that the trial court did not err in finding that the agents were justified in their belief that the threat to officer safety created an exigency warranting a protective sweep.

[Note: Once again, a citizen remarkably permits an entry when he knows the officers will be able to smell marijuana once they are inside. It never ceases to amaze me the average citizen’s complete lack of knowledge of his or her Fourth Amendment rights. “Why’d you consent to a search of your car [or entry into your house]?” “I thought I had no choice [or was supposed to].”