There were two entrances through defendant\u2019s gate into his property: a front gate with a doorknob and a gate at the back with a latch on the inside at the top. It was not reasonable for the FBI Agent to enter the back gate for a knock and talk, and the observation of marijuana in the backyard was suppressed. United States v. Garretson, 2013 U.S. Dist. LEXIS 154247 (D. Nev. June 6, 2013):<\/p>\n
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It is not permissible, however, for officers to simply ignore an accessible front entrance to a house and proceed to the back door. As the Eighth Circuit states in United States v. Wells, 648 F.3d 671, 679 (8th Cir. 2011): “To the extent that the ‘knock-and-talk’ rule is grounded in the homeowner’s implied consent to be contacted at home, we have never found such consent where the officers made no attempt to reach the homeowner at the front door.”<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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