Category Archives: Knock and talk

CA4: Def’s Facebook post and demeanor justified stop-and-frisk

Defendant’s Facebook post and his past supported reasonable suspicion for his stop and frisk of his fanny pack at a fair. He was a known member of a violent gang with a felony conviction, his house had been recently shot … Continue reading

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M.D.Ga.: Dropping cell phone in flight from wrecked car is abandonment

A series of alleged crimes and other actions of the defendant was probable cause to search defendant’s phone found in his car. [There is no nexus to the crimes mentioned in the opinion, so I submit it’s wrong on this … Continue reading

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OH1: GPS pings on stolen vehicle led to attempted knock-and-talk and observation of its tracks

Officers following a GPS ping on stolen vehicle with off-road tires came to defendant’s home for a knock-and-talk. Receiving no answer, the officer followed the driveway and saw three storage buildings. “Because the driveway is open to the public and … Continue reading

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GA: Even if knock-and-talk was valid, expanding entry onto the curtilage wasn’t

The knock-and-talk here was reasonable in its inception, but the officer violated the curtilage by inspecting a car parked there. The state’s argument that reasonable suspicion permitted approaching the car was not raised below so it’s waived. “Furthermore, even if … Continue reading

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N.D.Tex.: Knock-and-talk led to a consent search

Defendant’s knock-and-talk led to a consent search. “Courts consider six primary factors to determine whether consent to a search is knowing and voluntary: (1) the voluntariness of the defendant’s custodial status; (2) presence of coercive police procedures; (3) the extent … Continue reading

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CA8: Child porn knock-and-talk leads to valid exigency-based warrantless entry

This case started with a knock-and-talk about defendant visiting websites involving commercial sex acts with children. “While talking with William Meyer outside his home, federal agents grew worried that, if he went back inside, he would destroy evidence. Rather than … Continue reading

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IN: Knock-and-talk not barred by Jardines

DNA from a cold case murder was sent to a DNA genealogy company who tentatively matched defendant to the crime. Police did a trash pull and got more of a DNA match. Then they got a search warrant for his … Continue reading

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CA1: 5 am knock-and-talk violated Jardines

5 am knock-and-talk with repeated entries to the property and entreaties to get plaintiff to come out of the house violated the clearly established law of Jardines. French v. Merrill, 2021 U.S. App. LEXIS 29679 (1st Cir. Oct. 1, 2021):

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AL: Suspicious noises inside from knock-and-talk was exigency

Police knock and talk led to them hearing noises of someone rushing around inside. They could also smell marijuana from outside, and they had information of buys from inside the house. Exigency established. Hall v. State, CR-20-0394 (Ala. Crim. App. … Continue reading

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MD: Anonymous DWI tip was specific and supported stop on a liquor store parking lot

“Considering the totality of the circumstances, the officers had reasonable suspicion to suspect that the defendant was engaged in drunk driving. The anonymous 911 call had sufficient indicia of reliability—the tipster alleging the drunk driving provided the make, model, and … Continue reading

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TX1: Police coming to door for knock-and-talk wasn’t a trespass

Police came to defendant’s door for a knock-and-talk, and, when he opened it, the officers smelled marijuana. They went off for a search warrant. Approaching the door for a knock-and-talk was not a trespass. Howard v. State, 2021 Tex. App. … Continue reading

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NE: Police have no const’l duty to fully interrogate a citizen informant

A citizen informant told police of a motorist that might need assistance, and that led to defendant’s arrest. There is no constitutional requirement for police to interrogate the citizen informant. State v. Montoya, 29 Neb. App. 563, 2021 Neb. App. … Continue reading

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E.D.N.Y.: 6 am knock-and-talk was not unreasonable

A 6 am knock-and-talk was not shown to be unreasonable [on the totality] under Jardines. Defendant doesn’t claim that he was too sleepy to respond to them. United States v. Ofsink, 2021 U.S. Dist. LEXIS 24933 (E.D. N.Y. Feb. 8, … Continue reading

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W.D.La.: Protective sweep for AK-47 was reasonable on knock-and-talk for weapon, denial of entry, and smelling MJ; one officer was to leave for SW

Police properly conducted a protective sweep for an AK-47 after a knock-and-talk did not gain entry. Police had an anonymous source, and defendant was an alleged felon in possession, and they went for a knock-and-talk. Defendant refused to consent, and … Continue reading

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CA11: Even if warrantless monitoring of a package in def’s home violated 4A, inevitable discovery applies

Even if warrantless monitoring of a package into defendant’s house violated the Fourth Amendment, inevitable discovery applies. There was an intensive investigation and time was of the essence. The exclusionary rule should not be applied. United States v. Watkins, 2020 … Continue reading

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W.D.Ky.: When there is PC and the automobile exception applies, the 4A doesn’t require a drug dog be used

The officer had probable cause on the totality for a vehicle search under the automobile exception. It wasn’t required that the drug dog that was there be used, too. United States v. Moralez, 2020 U.S. Dist. LEXIS 206109 (W.D. Ky. … Continue reading

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VA: Knock-and-talk is still a valid exception for entry onto the curtilage

While entry into the curtilage is presumptively unreasonable without a warrant, Collins v. Virginia, 138 S. Ct. 1663, 1670 (2018), there is still implied license for police to enter for a knock-and-talk. Saal v. Commonwealth, 2020 Va. App. LEXIS 241 … Continue reading

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CA9: Transcript of interaction at door during knock-and-talk was admissible

“Moore contends that the district court erred in denying his motion to suppress the transcript of a conversation he had with FBI agents, which he alleges was the product of a warrantless search and seizure in violation of the Fourth … Continue reading

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OH2: Furtive movement during knock-and-talk justified entry

Officers entered an apartment building with the consent of one of the tenants when they were investigating a threat with a firearm by one of the tenants. Their knock-and-talk at defendant’s door was reasonable, as was ordering him to open … Continue reading

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MT: Knock-and-talk led to forced entry based on exigency of officers being made

A Montana DTF was tipped off to defendant bringing a cache of heroin to a motel to distribute. Officers set up surveillance and recognized local drug dealers coming and going. They called for uniformed backup and attempted a knock-and-talk which … Continue reading

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