{"id":15674,"date":"2015-02-01T06:42:37","date_gmt":"2015-02-01T11:42:37","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=15674"},"modified":"2015-06-13T08:19:05","modified_gmt":"2015-06-13T13:19:05","slug":"nc-where-defs-front-door-obviously-wasnt-used-it-was-reasonable-to-go-to-nearest-side-door-for-knock-and-talk-mj-in-plain-view","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=15674","title":{"rendered":"NC: Where def’s front door obviously wasn’t used, it was reasonable to go to nearest side door for knock-and-talk; MJ in plain view"},"content":{"rendered":"

Officers came to defendant\u2019s house to do a knock-and-talk based on reports he was growing marijuana. The front door was covered in plastic and appeared to have furniture blocking it, so they went to the nearest door, on the side of the house on the driveway. From there, they could see marijuana plants visible in the back yard. The officers did not violate the curtilage. State v. Grice<\/a>, 367 N.C. 753, 767 S.E.2d 312 (2015), reversing 735 S.E.2d 354 (N.C. App. 2012).<\/p>\n

13 minutes does not make a stop overlong, particularly when there is \u201creasonable suspicion from the outset.\u201d State v. Morris<\/a>, 2015 S.C. LEXIS 49 (January 28, 2015).*<\/p>\n

The officer here responded to a shooting call, and, at the scene, found defendant hiding in the bushes, and it was apparent something was hidden in his pants. He patted defendant down, who objected to a \u201csearch,\u201d but the officer said it was a patdown not a search. In his pants, a short barreled modified AK-47 to fire .22 rounds was found. The patdown was on more than a hunch and was valid. United States v. Torres, 2014 U.S. Dist. LEXIS 181411 (N.D.Iowa December 23, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Officers came to defendant\u2019s house to do a knock-and-talk based on reports he was growing marijuana. The front door was covered in plastic and appeared to have furniture blocking it, so they went to the nearest door, on the side … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[19,35,4],"tags":[],"class_list":["post-15674","post","type-post","status-publish","format-standard","hentry","category-curtilage","category-reasonable-suspicion","category-stop-and-frisk"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15674","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=15674"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15674\/revisions"}],"predecessor-version":[{"id":17665,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15674\/revisions\/17665"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15674"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15674"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15674"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}