{"id":56410,"date":"2023-11-26T00:00:00","date_gmt":"2023-11-26T05:00:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56410"},"modified":"2023-11-25T09:52:21","modified_gmt":"2023-11-25T14:52:21","slug":"m-d-ga-knock-and-talk-limited-to-area-immediately-adjacent-to-front-door","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56410","title":{"rendered":"M.D.Ga.: Knock and talk limited to area immediately adjacent to front door"},"content":{"rendered":"\n<p>\u201cThe knock and talk exception has two limitations: (1) it is geographically limited to the front door or a \u2018minor departure\u2019 from it. \u2026 And (2) it no longer applies if an officer&#8217;s behavior \u2018objectively reveals a purpose to conduct a search.\u2019 \u2026 The Court finds that officers did not exceed the scope of the knock and talk exception for two reasons. [\u00b6] First, investigators did not exceed the geographic limit of the knock and talk exception. \u2026 [\u00b6] Second, even though Investigator Williams looked behind him through the window of Defendant&#8217;s truck to see the open container and rifle round, this behavior was not, objectively, for the purpose to conduct a search. Instead, Investigator Williams remained in the geographic area of the knock and talk and turned around to look behind him for officer safety purposes, as he testified and as evidenced by his remark recorded on the body camera footage \u2018I&#8217;m just making sure nobody is behind me brother,\u2019 when he turned around to look at Defendant&#8217;s truck.\u201d United States v. Corbett, 2023 U.S. Dist. LEXIS 209542 (M.D. Ga. Nov. 22, 2023).<\/p>\n\n\n\n<p>\u201cUnder the circumstances here, where Defendant was observed selling narcotics in his car on several occasions, the most recent of which was less than 72 hours before the warrant affidavit, there is probable cause to believe that evidence of drug trafficking will be found in that automobile. That 72 hours passed between the last drug sale and securing the warrant does not eviscerate probable cause.\u201d The good faith exception carries nexus [even though there clearly is]. United States v. Odom, 2023 U.S. Dist. LEXIS 209236 (M.D. Tenn. Nov. 22, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cThe knock and talk exception has two limitations: (1) it is geographically limited to the front door or a \u2018minor departure\u2019 from it. \u2026 And (2) it no longer applies if an officer&#8217;s behavior \u2018objectively reveals a purpose to conduct &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=56410\">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":[54,20],"tags":[],"class_list":["post-56410","post","type-post","status-publish","format-standard","hentry","category-knock-and-talk","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56410","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=56410"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56410\/revisions"}],"predecessor-version":[{"id":56411,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56410\/revisions\/56411"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56410"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56410"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56410"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}