Social:Knock and talk
In law enforcement, a knock and talk is an investigative technique where one or more police officers approaches a private residence, knocks on the door, and requests consent from the owner to search the residence.[1] This strategy is often utilised when criminal activity is suspected, but there is not sufficient evidence to obtain a search warrant.
In the United States
The legality of the knock and talk procedure has been carefully scrutinized and reviewed by American courts at the state and federal level.[1][2][3] Rulings in both the Ninth Circuit case United States v. Cormier[1] and Seventh Circuit case United States v. Jerez[1] have held that evidence obtained from a consensual search following a knock and talk is admissible, but only if the knock and talk is not conducted in a coercive or aggressive manner. Per Bumper v. North Carolina, the use of deception to obtain consent can also in some cases prevent the search from being upheld.[citation needed]
Per Kentucky v. King, when a police officer who is not armed with a search warrant knocks on a door and requests the opportunity to speak, the occupant has no obligation to open the door or to speak.[4]
References
- ↑ 1.0 1.1 1.2 1.3 Holcomb, Jayne (August 2006). "Knock and Talks". FBI Law Enforcement Bulletin 75 (8): 22–32. http://leb.fbi.gov/2006-pdfs/leb-august-2006. Retrieved 2014-11-15.
- ↑ "State v. Dwyer". Kansas Judicial Center. December 8, 2000. http://www.kscourts.org/Cases-and-Opinions/opinions/ctapp/2000/20001208/83746.htm.
- ↑ "The "knock and talk" tactic is held to be constitutional.". Legal Update (Michigan State Police Training Division) 6 (9): 1–2. November 2001. http://www.michigan.gov/documents/november2001_8722_7.PDF. Retrieved June 18, 2014.
- ↑ https://www.courtlistener.com/opinion/216733/kentucky-v-king/ [bare URL]
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