A CI apparently busted for marijuana took the police to defendant\u2019s house as his source, and the officers did a knock and talk there, which was valid. Using the carport door was not unreasonable because officers saw people going to that door. United States v. Pryor, 2013 U.S. Dist. LEXIS 151796 (W.D. La. September 17, 2013):<\/p>\n
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Although not raised directly by Defendant in his brief, defense counsel’s questioning at the hearing implied a potential issue regarding the propriety of initiating the “knock and talk” from the home’s rear entrance. In other words, by approaching the home from the rear, the officers may have breached the curtilage, i.e., an area that is “so intimately tied to the home itself that it should be placed under the home’s umbrella of Fourth Amendment protection.” United States v. Cooke, 674 F.3d 491, 494 (5th Cir.) cert. denied, __ U.S. __, 133 S. Ct. 756, 184 L. Ed. 2d 498 (2012) (citation omitted). In determining whether an area outside the home is curtilage, the court must consider four factors: “the proximity of the area to the home, whether it is within an enclosure surrounding the home, the nature of the uses to which the area is put, and the steps taken by the resident to protect the area from outside observation.” United States v. Thomas, 120 F.3d 564, 571 (5th Cir. 1997).<\/p>\n
Applying the foregoing considerations here, the undersigned finds that the officers’ decision to initiate the “knock and talk” at the home’s rear entrance did not transgress the Fourth Amendment. Although the carport and rear entrance, by definition, were near to, or part of the home, there is no evidence that the carport and driveway were enclosed, gated, or that the home’s occupant(s) had taken any other steps to protect the area from outside observation. Furthermore, the officers had observed the carport area being used by multiple persons to approach the home. Finally, even if the officers had breached the curtilage, any violation was cured by Defendant’s subsequent consent to enter and search the home. See Cooke, supra and discussion, infra.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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