{"id":1639,"date":"2008-04-13T21:13:43","date_gmt":"2007-12-29T10:27:52","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-12-29T10:27:52","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1639","title":{"rendered":"Knock-and-talk with three questioning officers was inherently coercive"},"content":{"rendered":"<p>Knock-and-talk by three officers who started off interrogating defendant about drugs was coercive, so the consent was invalid. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/newpdf\/11\/2007\/2007-ohio-6941.pdf\">State v. Frye<\/a>, 2007 Ohio 6941, 2007 Ohio App. LEXIS 6088 (11th Dist. December 24, 2007):<\/p>\n<blockquote><p>[*P27]  Obviously, there were no exigent circumstances pertaining to the search of Mr. Frye&#8217;s RV: this was a pre-planned, warrantless search, relying for its validity solely on his consent. Under the totality of the circumstances, that consent cannot be deemed voluntary. Three police officers, without a warrant and without probable cause, showed up at Mr. Frye&#8217;s door, seeking to search his home. This implies coercion. That invalidates his consent. Cf. <a href=\"http:\/\/caselaw.lp.findlaw.com\/scripts\/getcase.pl?court=us&amp;vol=000&amp;invol=U20042\"><em>Robinette<\/em><\/a> at 242-243. While the United States Supreme Court has refused to adopt a &#8220;waiver statement&#8221; as a requirement for showing a search is voluntary, see, e.g., <em>Robinette<\/em> at 242, in this case, the police had already obtained a written consent from Mr. Perkins to search his grounds. They could have provided a similar document to Mr. Frye when seeking to search his RV.<\/p><\/blockquote>\n<p>Doctor-patient privilege did not protect blood sample drawn by search warrant with probable cause. <a href=\"http:\/\/www.courts.state.ny.us\/reporter\/3dseries\/2007\/2007_10172.htm\">People v. Elysee<\/a>, 2007 NY Slip Op 10172, 49 A.D.3d 33, 847 N.Y.S.2d 654 (2d Dept. 2007).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=1639\">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-1639","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1639","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1639"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1639\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1639"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1639"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1639"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}