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).

The officers’ actions here are not consistent with a knock and talk. The body cam footage showed that six officers approached the Cormacks’ apartment and positioned themselves around the front entrance of the apartment, three of the officers with their guns drawn and pointed at the front window and door. One of the officers positioned by the door knocked as a second officer yelled, “Open the door!” The officer in front of the door kept his gun pointed at the door until the door opened and he saw Ms. Cormack. The officer then lowered his gun, but he did not put it in the holster. An officer asked if Martin was in the apartment. When Ms. Cormack answered that he was, another officer told her, “We are going to need you to come out.” See United States v. Chan-Jiminez, 125 F.3d 1324, 1327 (9th Cir. 1997) (noting that consent was not voluntary when officer's request for permission to search was made “with one hand resting on [the officer's] gun”); United States v. Marshall, 488 F.2d 1169, 1189 (9th Cir. 1973) (concluding that any consent to search was “in response to an overwhelming display of authority under the compulsion of the badge and the guns” and not voluntary).

Read the Full case here: United States v. Martin, No. 21-10128, 2022 WL 1577807 (9th Cir. May 19, 2022)

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
https://lawstache.com
(619) 357-6677

Do you want to buy our Lawstache merchandise? Maybe a t-shirt?
https://lawstache.com/merch/

Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101

Want to learn about our recent victories?
https://lawstache.com/results-notable-cases/

If you'd like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra:

*Calvin Klein Men's Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf
*Calvin Klein Men's Slim Fit Dress Pant, https://amzn.to/3G8jLQG
*Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y
*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC
*Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ
*Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm
*Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC
*ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q

Are you are a Russian speaker? Вы говорите по-русски?
https://russiansandiegoattorney.com

Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts

The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...

Around 4:00 a.m. on April 23, 2013, three northern California law enforcement officers approached Defendant Eric Lundin's home without either an arrest warrant or a search warrant. They came onto his front porch and knocked on his door *1155 with the intent of arresting him. From the front porch where they were standing, the officers heard crashing noises coming from the back of the house. They ran to the back, ordered Lundin to come out of the fenced-in backyard, and arrested him. After putting Lundin in a patrol car, several officers briefly searched Lundin's home, including the back patio where they found two handguns in open view. The district court suppressed the handguns as the result of an illegal search. The United States appeals. We hold that the officers violated the Fourth Amendment when they knocked on the door at 4:00 a.m. without a warrant with the intent of arresting Lundin, and that the immediately ensuing search was illegal.

Holdings: The Court of Appeals, W. Fletcher, Circuit Judge, held that:
1. law enforcement officers exceeded the scope of customary license to approach suspect's home and knock when they stood on suspect's porch and knocked on his door at 4:00 a.m. without warrant and with intent of making arrest, and thus “knock and talk” exception to warrant requirement did not apply;
2. exigent circumstances did not justify officers' warrantless search of suspect's home after they heard crashing noises coming from suspect's backyard;
3. officers lacked reasonable ground for believing that danger justified warrantless sweep of suspect's home, and thus sweep was not authorized under protective sweep doctrine; and
4. handguns seized as result of officers' warrantless search of suspect's patio and home were not admissible under the inevitable discovery exception to the exclusionary rule.

Read full case here: United States v. Lundin, 817 F.3d 1151, 1154–55 (9th Cir. 2016), https://casetext.com/case/united-states-v-lundin-2

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
https://lawstache.com
(619) 357-6677

Do you want to buy our Lawstache merchandise? Maybe a t-shirt?
https://lawstache.com/merch/

Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101

Want to learn about our recent victories?
https://lawstache.com/results-notable-cases/

If you'd like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra:

*Calvin Klein Men's Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf
*Calvin Klein Men's Slim Fit Dress Pant, https://amzn.to/3G8jLQG
*Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y
*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC
*Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ
*Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm
*Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC
*ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q

Are you are a Russian speaker? Вы говорите по-русски?
https://russiansandiegoattorney.com

Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts

The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...

On March 8, 2008, Fuentes reported a domestic disturbance at his residence. The officers searched the residence and found a Nagant bolt-action rifle, ammunition, methamphetamine, a glass pipe with methamphetamine residue, and a metal pipe with marijuana residue. The officers believed the Nagant rifle was the same one that a third party had previously reported stolen. The officers arrested Fuentes, and later released him.

On April 21, 2008, Warm Springs Police Department detectives Sam Williams, John Webb, and Casey Lockey drove to Fuentes' residence to interview him about the Nagant rifle. The detectives did not suspect Fuentes of stealing the gun. Instead, they believed the father of Fuentes' girlfriend had stolen it. At the evidentiary hearing, the detectives testified that the purpose of the visit was to “simply interview” Fuentes about the stolen rifle.

Detective Williams walked up the front steps and stood on the porch slightly to the left of the front door. Detective Webb stood on the gravel parking area to the left of the front porch, and Detective Lockey stood to the right of the porch. The detectives did not announce their presence as police officers, and none of them were in uniform.

Detective Williams knocked on the front door, waited a few moments, and then knocked again. There was no response. After the second knock, however, Detective Webb heard “someone moving inside,” just to the left of the front door. Tr. 30, 179, 214. Detective Webb then walked several feet from his initial position, across the grass strip separating the residence from the gravel parking area, and up to the large front window to look inside.

Fuentes, who had been sitting on his couch, got up and looked out of his living room window when he heard the detectives talking about a search warrant. When Fuentes looked out, he saw Detective Lockey peering in. Detective Lockey was startled to see Fuentes “pop up” and immediately drew his duty weapon, pointed it at Fuentes, and ordered him to put his hands in the air and come to the front door.

After escorting Fuentes and Sahme around the house to the detective's police vehicle, the detectives conducted a “protective sweep” of the residence.

The protections afforded by the Fourth Amendment extend to unreasonable searches of the curtilage of a home, which is the area immediately surrounding the dwelling and harbors “the intimate activity associated with t

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
https://lawstache.com
(619) 357-6677

Do you want to buy our Lawstache merchandise? Maybe a t-shirt?
https://lawstache.com/merch/

Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101

Want to learn about our recent victories?
https://lawstache.com/results-notable-cases/

If you'd like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra:

*Calvin Klein Men's Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf
*Calvin Klein Men's Slim Fit Dress Pant, https://amzn.to/3G8jLQG
*Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y
*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC
*Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ
*Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm
*Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC
*ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q

Are you are a Russian speaker? Вы говорите по-русски?
https://russiansandiegoattorney.com

Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts

The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...