{"id":33800,"date":"2018-07-07T05:12:05","date_gmt":"2018-07-07T10:12:05","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=33800"},"modified":"2018-07-07T09:25:55","modified_gmt":"2018-07-07T14:25:55","slug":"la5-knock-and-talk-cannot-be-used-to-create-exigency","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=33800","title":{"rendered":"LA5: Knock-and-talk cannot be used to create exigency"},"content":{"rendered":"<p>Officers came to defendant\u2019s house because a couple of drug suspects had visited him. The officers\u2019 knock-and-talk didn\u2019t gain them entry into the house, and a knock-and-talk can\u2019t be used to create exigent circumstances. A protective sweep was unjustified because officers didn\u2019t even think there was somebody else in the house. An entry into the backyard was also unjustified. <a href=\"http:\/\/www.fifthcircuit.org\/dmzdocs\/OI\/PO\/2018\/491123F1-CBA8-4170-ADDA-88E5BE0AD719.pdf\">State v. Cowans<\/a>, 2018 La. App. LEXIS 1315 (La. App. 5 Cir. July 6, 2018); <a href=\"http:\/\/www.fifthcircuit.org\/dmzdocs\/OI\/PO\/2018\/1882460F-7D66-4D91-8BE3-646A2C6B60F8.pdf\">State v. Salinas<\/a>, 2018 La. App. LEXIS 1316 (La. App. 5 Cir. July 6, 2018). <\/p>\n<p>Defendant was arrested inside his home without a warrant in violation of Payton, and he was Mirandized and made a statement in transit to the police station. That statement was not suppressed under Harris v. New York. The gun used against him was found during a search with a warrant independent of his statement. <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2018\/07\/06\/16-10413.pdf\">United States v. Cooper<\/a>, 2018 U.S. App. LEXIS 18450 (9th Cir. July 6, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers came to defendant\u2019s house because a couple of drug suspects had visited him. The officers\u2019 knock-and-talk didn\u2019t gain them entry into the house, and a knock-and-talk can\u2019t be used to create exigent circumstances. A protective sweep was unjustified because &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=33800\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,60,54],"tags":[],"class_list":["post-33800","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-independent-source","category-knock-and-talk"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33800","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=33800"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33800\/revisions"}],"predecessor-version":[{"id":33810,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33800\/revisions\/33810"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=33800"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=33800"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=33800"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}