{"id":11072,"date":"2014-04-20T01:00:43","date_gmt":"2014-04-20T06:00:43","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=11072"},"modified":"2014-04-19T15:10:21","modified_gmt":"2014-04-19T20:10:21","slug":"d-kan-pulling-up-in-front-of-a-house-where-a-knock-and-talk-is-about-to-occur-is-not-reasonable-suspicion","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=11072","title":{"rendered":"D.Kan.: Pulling up in front of a house where a knock-and-talk is about to occur is not reasonable suspicion"},"content":{"rendered":"<p>Pulling up in front of a house where a knock-and-talk is about to occur is not reasonable suspicion of wrongdoing. <a href=\"https:\/\/ecf.ksd.uscourts.gov\/cgi-bin\/show_public_doc?2013cr10168-77\">United States v. Sims<\/a>, 2014 U.S. Dist. LEXIS 53819 (D. Kan. April 18, 2014):<br \/>\n<!--more--><\/p>\n<blockquote><p>In this case, the testimony clearly shows that Sims did not attempt to get out of the Yukon after he pulled up to the house but immediately placed the Yukon in reverse. At the time, the officers were not executing a search warrant but were only doing a &#8220;knock and talk.&#8221; The officers had no reason to believe Sims or the Yukon had been involved in illegal activity at any time prior to October 15, 2013. Moreover, as shown in the exhibits, the gravel drive was a circle which contained more than one duplex. Sims could have had a legitimate reason for pulling up to the duplex as it was a multifamily residence. See Davis, 94 F.3d at 1469. Therefore, the government has not met its burden to show that officers had a reasonable and articulable suspicion that Sims was engaged in drug trafficking. See id.<\/p>\n<p><strong>C. Terry Frisk<\/strong><\/p>\n<p>Moreover, the court finds that the officers did not have reason to conduct a Terry frisk when Sims was told to get out of the Yukon. Fourth Amendment jurisprudence has long recognized the reasonableness of allowing law enforcement officers to pat down or frisk lawfully detained individuals who might pose a threat to their safety or the safety of others nearby. See Terry v. Ohio, 392 U.S. 1, 23-24, 88 S. Ct. 1868, 20 L. Ed.2d 889 (1968). An officer may conduct a pat-down search or frisk if he &#8220;harbors an articulable and reasonable suspicion that the person is armed and dangerous.&#8221; United States v. Hishaw, 235 F.3d 565, 570 (10th Cir. 2000); United States v. House, No. 11-4102, 2012 WL 987575, *4 (10th Cir. Mar. 23, 2012)  (&#8220;the officer must have a reasonable belief that the suspect is both (1) armed, and (2) dangerous.&#8221;) (emphasis supplied).<\/p>\n<p>None of the officers testified that they believed Sims to be armed or dangerous. The officers had no facts to conclude that Sims was armed nor had they observed Sims or the Yukon during the two week undercover operation. &#8230;<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Pulling up in front of a house where a knock-and-talk is about to occur is not reasonable suspicion of wrongdoing. United States v. Sims, 2014 U.S. Dist. LEXIS 53819 (D. Kan. April 18, 2014):<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[35],"tags":[],"class_list":["post-11072","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11072","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=11072"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11072\/revisions"}],"predecessor-version":[{"id":11073,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11072\/revisions\/11073"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=11072"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=11072"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=11072"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}