Category Archives: Knock and talk

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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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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