How police should NOT conduct a knock-and-talk at your door step. Illegal conduct & tainted warrant.

The knock-and-talk exception permits police “to encroach upon the curtilage of a home, for the purpose of asking questions of the occupants.” United States v. Lundin, 817 F.3d 1158,1158 (9th Cir. 2016) (cleaned up). The exception is based on the theory of implied consent: a resident’s consent is implied from the custom of treating the “knocker on the front door” as an invitation (i.e., license) to approach the home and knock. Id. (quoting Fla. v. Jardines, 569 U.S. 1, 8 (2013)). “The constitutionality of such entries … hinges on whether the officer’s actions are consistent with an attempt to initiate consensual contact with the occupants.” United States v. Perea–Rey, 680 F.3d 1179, 1188 (9th Cir. 2012).

Full case here: United States v. Martin.

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
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