Category Archives: Knock and talk

MI: Nighttime entry onto curtilage was reasonable because officers were responding to a dangerous situation

Officers approached defendant’s house for a knock-and-talk at 10:43 pm. There is no implied license to enter the curtilage at that time, but here it was because officers were responding to a report of a dangerous situation, and that made … Continue reading

Posted in Curtilage, Knock and talk, Nighttime search | Comments Off on MI: Nighttime entry onto curtilage was reasonable because officers were responding to a dangerous situation

WA: Warning of right to refuse consent search only applies to knock-and-talk

Warning of a right to refuse a consent search is only required for knock-and-talk. This was an animal cruelty case, and officers had been there repeatedly to observe horses with consent. Finally, they got a warrant to enter the enclosure … Continue reading

Posted in Consent, Ineffective assistance, Knock and talk, Plain view, feel, smell, Probable cause | Comments Off on WA: Warning of right to refuse consent search only applies to knock-and-talk

NC: Knock-and-talk led to smell of MJ and attempt to bar the door, and that was exigency

The officer came to defendant’s door for a knock-and-talk about marijuana sales, and, when the door was opened, he could smell marijuana. Defendant shut the door and attempted to put a bar up to block access, and that was all … Continue reading

Posted in Automobile exception, Emergency / exigency, Knock and talk, Plain view, feel, smell, Protective sweep | Comments Off on NC: Knock-and-talk led to smell of MJ and attempt to bar the door, and that was exigency

OR: Backpack’s inventory on admission to treatment facility was reasonable

Police could inventory defendant’s backpack when he was picked up and transported to a treatment facility. Inventory was provided for by local ordinance. The same policies apply to inventory even if defendant isn’t in jail. State v. Wilcox, 335 Or … Continue reading

Posted in Admissibility of evidence, Burden of proof, Curtilage, Inventory, Knock and talk, Probable cause | Comments Off on OR: Backpack’s inventory on admission to treatment facility was reasonable

AK: Exclusionary rule doesn’t apply in civil cases

The exclusionary rule doesn’t apply in civil cases in Alaska. Alaska R.E. 412. O’Brien v. Delaplain, 2024 Alas. LEXIS 99 n.35(Sep. 27, 2024). The officer’s observations on a table near the door from outside the dwelling during a knock-and-talk provided … Continue reading

Posted in Emergency / exigency, Exclusionary rule, Knock and talk, Reasonable suspicion | Comments Off on AK: Exclusionary rule doesn’t apply in civil cases

E.D.Ky.: This knock-and-talk didn’t turn into a “constructive entry”

“Considering the totality of the circumstances, and for whatever reason the officers had for going to Defendant’s residence, the Court concludes that the knock and talk procedure used here did not give rise to a constructive entry. As discussed above, … Continue reading

Posted in Consent, Knock and talk, Nexus | Comments Off on E.D.Ky.: This knock-and-talk didn’t turn into a “constructive entry”

VI: In a pretrial curfew check, third-party custodian can consent to entry and search

Defendant was on pretrial release with a curfew at the home of his third-party custodian. Officers came for a compliance check and knocked at the door. Getting no answer, they went to the back door. They were lawfully on his … Continue reading

Posted in Consent, Knock and talk, Nexus | Comments Off on VI: In a pretrial curfew check, third-party custodian can consent to entry and search

CA11: Failure to object to USMJ’s 4A analysis in R&R is waiver

Failure to object to the U.S. Magistrate Judge’s factual and legal conclusions on the search claim in the R&R is waiver. Thus he “waived his right to appeal the conclusions in the R&R.” Summarily affirmed. United States v. Kelly, 2024 … Continue reading

Posted in Knock and talk, Reasonable suspicion, Waiver | Comments Off on CA11: Failure to object to USMJ’s 4A analysis in R&R is waiver

D.N.J.: Expert saying drug dog not reliable not a Franks issue

Defendant’s expert report that the drug dog here wasn’t reliable doesn’t make a Franks challenge. Besides, there was good faith as to it. United States v. Estevez-Castillo, 2023 U.S. Dist. LEXIS 221601 (D.N.J. Dec. 13, 2023). That officers created the … Continue reading

Posted in Dog sniff, Franks doctrine, Knock and talk | Comments Off on D.N.J.: Expert saying drug dog not reliable not a Franks issue

M.D.Ga.: Knock and talk limited to area immediately adjacent to front door

“The knock and talk exception has two limitations: (1) it is geographically limited to the front door or a ‘minor departure’ from it. … And (2) it no longer applies if an officer’s behavior ‘objectively reveals a purpose to conduct … Continue reading

Posted in Knock and talk, Probable cause | Comments Off on M.D.Ga.: Knock and talk limited to area immediately adjacent to front door

E.D.Tex.: Pretextual claim of emergency aid exception to conduct a drug search leads to suppression

Defendant was having a seizure in his underwear on the street, about two blocks from his home. Officers could tell the smell of PCP about him. Officers went to his house and the door was cracked. Looking through the door, … Continue reading

Posted in Emergency / exigency, Knock and talk, Pretext | Comments Off on E.D.Tex.: Pretextual claim of emergency aid exception to conduct a drug search leads to suppression

Bloomberg Law: Supreme Court Passes on Police ‘Knock and Talk’ Arrest Challenge

Bloomberg Law: Supreme Court Passes on Police ‘Knock and Talk’ Arrest Challenge (“The US Supreme Court rejected a case challenging the power police have to detain people during so-called ‘knock and talk’ investigations. The justices decided on Monday not to … Continue reading

Posted in Knock and talk, SCOTUS | Comments Off on Bloomberg Law: Supreme Court Passes on Police ‘Knock and Talk’ Arrest Challenge

ND: Opening door of a parked and running semi when driver didn’t wake up was to gather information and was unreasonable

“Thus, we conclude law enforcement was acting outside the scope of the community caretaking function when opening the semi door and stepping onto the running boards in an attempt to gather information without first attempting to get a response from … Continue reading

Posted in Community caretaking function, Curtilage, Knock and talk, Qualified immunity | Comments Off on ND: Opening door of a parked and running semi when driver didn’t wake up was to gather information and was unreasonable

N.D.Ill.: Obtaining mobile IP address not governed by Carpenter

In a child exploitation case, the government admitted that the state search warrant in another state wasn’t as detailed as they’d have done, but it still showed probable cause and was supported by the good faith exception. The mobile IP … Continue reading

Posted in Cell phones, Consent, Inventory, Knock and talk, Third Party Doctrine | Comments Off on N.D.Ill.: Obtaining mobile IP address not governed by Carpenter

E.D.Tenn.: Backyard firepit was part of curtilage

A firepit in defendant’s yard (an “outdoor living area”) was part of the curtilage. The officer, however, was lawfully on the curtilage for a knock-and-talk. United States v. Thurman, 2023 U.S. Dist. LEXIS 9358 (E.D. Tenn. Jan. 19, 2023).* Sometimes … Continue reading

Posted in Curtilage, Knock and talk, Probable cause | Comments Off on E.D.Tenn.: Backyard firepit was part of curtilage

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

Posted in Forfeiture, Knock and talk, Stop and frisk | Comments Off on CA4: Def’s Facebook post and demeanor justified stop-and-frisk

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

Posted in Abandonment, Exclusionary rule, Knock and talk, Probation / Parole search | Comments Off on M.D.Ga.: Dropping cell phone in flight from wrecked car is abandonment

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

Posted in Cell phones, Curtilage, Knock and talk, Waiver | Comments Off on OH1: GPS pings on stolen vehicle led to attempted knock-and-talk and observation of its tracks

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

Posted in Arrest or entry on arrest, Curtilage, Knock and talk, Qualified immunity, Reasonable suspicion | Comments Off on GA: Even if knock-and-talk was valid, expanding entry onto the curtilage wasn’t

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

Posted in Knock and talk, Scope of search, Voluntariness | Comments Off on N.D.Tex.: Knock-and-talk led to a consent search