A large number of officers showed up at defendant’s house for a knock and talk without a search warrant, and drugs were tossed out a window when they showed up. Too many officers were present for a mere knock and talk, and this was a submission to a claim of authority. The officers’ testimony was just not credible. United States v. Berry, 468 F. Supp. 2d 870 (N.D. Tex. December 21, 2006):<\/p>\n
The court does not find credible the testimony that the entry onto Berry’s property was merely for the purpose of a permissible “knock and talk.” The court determines that the conduct of the officers, who knew they lacked probable cause, reflects a plan or effort to arrest Berry without getting a warrant. The totality of the circumstances suggest a major operation. There were at least eight officers present. The officers carefully planned the operation, staked out their positions surrounding Berry’s house, and took cover positions. Four officers entered Berry’s patio and approached the front door. This is overkill for the stated purpose of a “knock and talk.” See United States v. Jones,<\/em> 239 F.3d at 720 (reasonable suspicion of criminal activity cannot justify the warrantless search of a house). Moreover, the inconsistency in the testimony of several of the officers casts much doubt as to the stated purpose of a “knock and talk.”<\/p><\/blockquote>\n
Pro se \u00a7 2255 denied because of defendant’s waiver of relief at guilty plea could not be shown to be based on ineffective assistance of counsel. Also, the guilty plea waived any search claim now asserted. COA denied, too. United States v. Contorelli, 2006 U.S. Dist. LEXIS 92688 (S.D. Tex. December 22, 2006).*<\/p>\n
During traffic stop, driver of vehicle was at first thought to be under the influence, but officers determined that she was not. During the questioning she was sked if there was any contraband in the car, and she said “possibly,” and that was reasonable suspicion for detaining a few more minutes for a drug dog sniff. United States v. Harris, 2006 U.S. Dist. LEXIS 92717 (W.D. Pa. December 21, 2006).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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