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 objective observations justified the entry onto the curtilage for a knock-and-talk. “To this end, Officer Bell’s entrance upon the curtilage of the home to conduct a “knock and talk” with the person who had previously admitted to the firefighters that he started the first fire and/or to the occupants who may have knowledge regarding the marijuana plants were clearly legitimate law-enforcement objectives and provided limited intrusion on the occupant’s expectation of privacy. Notably, in approaching the back door to conduct a ‘knock and talk,’ Officer Bell was able to more closely observe the live marijuana plants growing in the back yard of the 576 Spruce Street property, confirming his initial determination from the vacant lot.” During the knock-and-talk, marijuana was seen through a window. State v. Bolen, 2016-Ohio-7821, 2016 Ohio App. LEXIS 4699 (3d Dist. Nov. 21, 2016).