{"id":38195,"date":"2019-06-19T09:19:44","date_gmt":"2019-06-19T14:19:44","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=38195"},"modified":"2019-06-19T09:19:44","modified_gmt":"2019-06-19T14:19:44","slug":"nc-going-to-back-door-after-no-answer-in-a-knock-and-talk-violates-jardines","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=38195","title":{"rendered":"NC: Going to back door after no answer in a knock-and-talk violates <em>Jardines<\/em>"},"content":{"rendered":"<p>Police went to do a knock-and-talk and nobody answered at the front door. Going to the back door, ostensibly as an extension of the knock-and-talk, violated curtilage under Jardines. What was seen went into a search warrant application, and it is suppressed. State v. Ellis, 2019 N.C. App. LEXIS 537 (June 18, 2019).<\/p>\n<p>Defendant argued his due process rights under the Fourth Amendment were violated, but \u201cthere is no Fourth Amendment right to due process.\u201d His traffic stop in a high-crime area resulted in officers seeing a gun under the seat. The search of the car was justified under the automobile exception or as a protective sweep for the gun. United States v. Williams, 2019 U.S. Dist. LEXIS 100691 (W.D.Ky. June 17, 2019) (The court erroneously refers to it as a \u201csearch incident\u201d to an arrest with a protective sweep. It was valid under Michigan v. Long which is merely reasonable suspicion based. It was \u201cincident\u201d to a search, but that phrase should be avoided except where required.).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Police went to do a knock-and-talk and nobody answered at the front door. Going to the back door, ostensibly as an extension of the knock-and-talk, violated curtilage under Jardines. What was seen went into a search warrant application, and it &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=38195\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[36,19,54],"tags":[],"class_list":["post-38195","post","type-post","status-publish","format-standard","hentry","category-automobile-exception","category-curtilage","category-knock-and-talk"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38195","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=38195"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38195\/revisions"}],"predecessor-version":[{"id":38196,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38195\/revisions\/38196"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=38195"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=38195"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=38195"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}