D.Kan.: When is a knock-and-talk not consensual?

When is a knock-and-talk not consensual? This one was because it was in the daytime and the officers were not overbearing. United States v. Barrios, 2012 U.S. Dist. LEXIS 144047 (D. Kan. October 4, 2012)*:

Circumstances which may be pertinent include the time of day when the officers knock on the door, the manner in which the officers try to get the occupant’s attention (e.g. whether the officers knock, pound or yell; whether they do so for an extended period of time), whether one or more officers is/are present, whether officers display their authority (e.g. by carrying a weapon or touching the person at the door), the behavior of the officers (e.g. whether officers shine a flashlight into the home, whether officers are persistent in the face of no response) and the language or tone of voice used (whether it conveys that compliance with the officers’ request is compelled). Id. at 1168; see also United States v. Flowers, 336 F.2d 1222 (10th Cir. 2003). If the occupant is compelled to open the door, an encounter on the threshold of a person’s home amounts to a seizure of the occupant. Such seizure requires a warrant unless officers have probable cause to arrest and exigent circumstances exist. Reeves, 524 F.3d at 1169.

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