Officers passing through an unlocked gate to get to defendant’s front door for a knock and talk was not a violation of the Fourth Amendment. United States v. Otero, 231 Fed. Appx. 809 (10th Cir. 2007)* (unpublished).<\/p>\n
Under the totality of circumstances, the encounter between the defendant and the officer in a city park was voluntary and led to consent. State v. Young, 37 Kan. App. 2d 700; 157 P.3d 644 (2007).*<\/p>\n
Officer had exigent circumstances, the factual basis of which are not explained, for entering premises to search for pseudophedrine which he found was being flushed after he knocked [it would be better if there was evidence mentioned that the officer actually heard the flushing]. Layton v. Commonwealth, 2007 Ky. App. LEXIS 134 (May 4, 2007) (maybe unpublished, following Britt v. Commonwealth, 2006 WL 141590 (Ky. Jan. 19, 2006) (unpublished), which is supposed to be exactly the same.*<\/p>\n
Defendant was detained on suspicion of burglary. A patdown produced a watch. Taking the defendant to the police station to determine whether the watch was stolen was an unreasonable extension of the detention without reasonable suspicion. Even the patdown was unreasonable. State v. Boyce, 2007 Ohio 2131, 2007 Ohio App. LEXIS 2011 (2d Dist. May 4, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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