{"id":6538,"date":"2012-01-13T07:28:51","date_gmt":"2012-01-13T07:28:51","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-01-13T07:28:51","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6538","title":{"rendered":"N.D.Okla.: A knock and talk does not require reasonable suspicion"},"content":{"rendered":"<p>A knock and talk does not require reasonable suspicion. United States v. Cruz-Mendez, 467 F.3d 1260, 1264 (10th Cir. 2006). Entry by a way open to the public was authorized. United States v. Shuck, 2012 U.S. Dist. LEXIS 2521 (N.D. Okla. January 9, 2012).*<\/p>\n<p>911 call that there was a fight outside at a boys club sent officers who found apparently it across the street. When defendant tried to drive off after he was told to stop officers had reasonable suspicion. United States v. Hightower,  2012 U.S. Dist. LEXIS 3334 (W.D. Ark. January 11, 2012)*:<\/p>\n<blockquote><p>The officers in this case were initially dispatched to the Boys&#8217; Club based on a call that officers were needed there. The officers determined that there was no disturbance at the Boys&#8217; Club and made the reasonable assumption that the hang-up call was made concerning a group of people who appeared to be arguing across the street. Since hang-up calls are treated as emergency calls by the Paris Police Department, the officers made the reasonable decision to cross the street to the apartment complex and investigate what was happening. Both Officer Haney and Chief O&#8217;Brien testified that people in the group were posturing as if they were about to, or had already been, fighting. O&#8217;Brien also testified that he heard raised voices and unsavory language. Both officers testified that the Paris Police Department had often received calls regarding fights or other criminal activity from that apartment complex on prior occasions. As the officers approached the group, the Group dispersed. The officers stopped several people for questioning, including Defendant, who attempted to drive off in his car. From the officers&#8217; perspective, Defendant ignored repeated orders to stop, and continued to attempt to flee.<\/p><\/blockquote>\n<p>Isn\u2019t this cart before the horse? The court doesn\u2019t come right out and say that there was reasonable suspicion for the stop before the defendant tried to leave, but trying to leave was an act supporting reasonable suspicion. Therefore, there had to be reasonable suspicion before the stop, but the court doesn\u2019t quite articulate it.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=6538\">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-6538","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6538","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=6538"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6538\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6538"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6538"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6538"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}