SC: When responding to a tip of drug activity in the back yard for a knock-and-talk, it’s reasonable to go to the backyard where all the people seemed to be [Update: Rev’d 12/21/16]

Officers got an anonymous tip of drug activity in the backyard at a particular house. They could drive on the street near the house and see people in the backyard. They went to do a knock-and-talk and went to the backyard because of the people there. “In the present case, officers’ observations of several individuals in the backyard at the subject property corroborated the anonymous tip. This is less corroboration than the lights and cars observed in Wright. Nevertheless, Wright indicates police had investigatory authority to enter the property, even in the absence of corroboration, and go to the front door to investigate the tip. [¶] Here, police did not approach the front door but instead drove into the grassy area behind the residence where they had observed the individuals. While no South Carolina cases have addressed this point, the Fourth Circuit has adopted the position police may bypass the front door of a residence and proceed to the backyard or other entrance for a knock and talk provided they have reason to believe the person they are attempting to contact will be found there.” State v. Bash, 412 S.C. 420, 772 S.E.2d 537 (App. 2015), rev’d State v. Bash, 2016 S.C. LEXIS 412 (Dec. 21, 2016) (posted here).