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KY: "Come on in" in response to knock-and-talk request to search is consent

By John Wesley Hall, Jr.

In a knock-and-talk, responding to a request to search the premises, the defendant said “Come on in” and opened the door further and stepped back. This was consent. Payton v. Commonwealth, 2008 Ky. App. LEXIS 370 (December 5, 2008).* Trial court suppressed as a Fourth Amendment violation defendant's cellphone call that was overheard on the Intoxilyzer room surveillance camera with sound. Since the defendant did not raise that ground in the trial court, the order is vacated and remanded. State v. Dominique, 2008 ME 180, 2008 Me. LEXIS 185 (December 9, 2008).*

Full post as published by Fourth Amendment on December 15, 2008 (boomark / email).