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FL-1: Ruse for 3 a.m. knock-and-talk did not make consent involuntary

By John Wesley Hall, Jr.

The use of a ruse to wake up the defendant at 3 a.m. to tell him that has car had been burglarized did not make the subsequent consent invalid after the police explained the ruse and their desire to search. Luna-Martinez v. State, 2008 Fla. App. LEXIS 8431 (Fla. App. 2 DCA June 11, 2008) (Comment: This is so bizarre. At least my state recognizes that a 3 a.m. knock-and-talk is invalid.) A knock-and-talk of the home does not constitutionally require advice of rights to refuse a search. State v. Flores, 2008 NMCA 74, 2008 N.M. App. LEXIS 38 (February 27, 2008) certiorari denied, No. 31,005, April 23, 2008.* A driver's compliance with the Minnesota implied-consent law does not create a waiver of the driver's statutory physician-patient privilege regarding an alcohol-concentration test result taken solely for medical-treatment purposes...continue to full post

Full post as published by Fourth Amendment on June 12, 2008 (boomark / email).