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Criminal Law

: Fourth Amendment

FL2: Trial court imposed to high a burden of consent on state in knock-and-talk

By John Wesley Hall, Jr.

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Circuit court erred in requiring the state to have a tip for a knock-and-talk and not a hunch. This raised the burden of proof. State v. Navarro, 2009 Fla. App. LEXIS 5867 (Fla. App. 2DCA May 22, 2009): Furthermore, the policy behind knock-and-talk encounters supports this conclusion. The rationale for a knock and talk is that [a]bsent express orders from the person in possession against any possible trespass, there is no rule of private or public conduct which makes it illegal per se, or a condemned invasion of the person's right of privacy, for anyone openly and peaceably, at high noon, to walk up the steps and knock on the front door of any man's 'castle' with the honest intent of asking questions of the occupant thereof--whether the questioner be a pollster, a salesman, or an officer of the law...continue to full post

Full post as published by Fourth Amendment on May 24, 2009 (boomark / email).

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