Officers came for a knock-and-talk and developed a suspicion, likely less than reasonable, that there might be a gun inside, and it was taking too long to get an answer about consent, one way or the other. When the first occupant came back, they pushed through the door with guns drawn. Assuming that this entry was unlawful, the court finds consent attenuated by two factors. First, they talked at length with the defendant about consent before it was granted (would they \u201ctear up\u201d the place? etc.) while defendant smoked a cigarette. Second, the consent form provided that he had a right to refuse the search and they talked about it. United States v. Whisenton, 2014 U.S. App. LEXIS 16900 (8th Cir. September 2, 2014).<\/p>\n","protected":false},"excerpt":{"rendered":"
Officers came for a knock-and-talk and developed a suspicion, likely less than reasonable, that there might be a gun inside, and it was taking too long to get an answer about consent, one way or the other. When the first … Continue reading