{"id":2650,"date":"2009-03-28T09:24:34","date_gmt":"2008-11-07T07:46:10","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-11-07T07:46:10","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2650","title":{"rendered":"IL: Knock-and-talk could go to back door, too, when meth was smelled"},"content":{"rendered":"<p>A knock-and-talk at the <em>back door<\/em> permitted the officer to look in a garbage can from which the smell of meth was coming. Then, a person coming out of the house could be detained. <a href=\"http:\/\/www.state.il.us\/court\/Opinions\/AppellateCourt\/2008\/4thDistrict\/October\/4060180.pdf\">People v. Redman<\/a>, 386 Ill. App. 3d 409, 326 Ill. Dec. 899, 900 N.E.2d 1146 (2008):<\/p>\n<blockquote><p>Therefore, when Officer Brown approached the back door and smelled the strong odor, consistent with methamphetamine manufacturing, emanating from the open garbage can, he lawfully peered inside the open garbage can. Such action constituted neither a search nor a seizure. Specifically, defendant did not have a reasonable expectation of privacy in the contents of the garbage can because the lid was pushed down, perpendicular to the ground, into the garbage can, exposing the contents to anyone who passed by the garbage can on his or her way to the back door.<\/p>\n<p>To summarize, the officers&#8217; decision to approach the house and manner in which they did so were reasonable. Officer Shutter noticed the odor associated with methamphetamine production while driving in his vehicle with his windows rolled up, thus indicating the odor was very strong. Defendant&#8217;s vehicle was in the driveway of the home, and Officer Shutter knew defendant was involved with using, selling, and manufacturing methamphetamine. Approaching the home from the front and the back for safety purposes was also reasonable and proper. &#8230;<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=2650\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-2650","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2650","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2650"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2650\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2650"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2650"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2650"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}