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Knock-and-talk led to officer smelling a meth lab

By John Wesley Hall, Jr.

Knock and talk ripened into probable cause when the defendant opened the door and the officer smell a meth lab. United States v. Walters, 2007 U.S. Dist. LEXIS 96267 (E.D. Tex. October 10, 2007). Comment: This case has an interesting, and lengthy, discussion of the development of knock and talk and the implied invitation to come to the front door: American courts, generally, and the Fifth Circuit in particular, view pristine "knock and talk" incidents as legitimate investigative tactics. U.S. v. Lewis, 476 F.3d 369 (5th Cir. 2007); U.S. v. Gould, 364 F.3d 578 (5th Cir. 2004); United States v. Jones, 239 F.3d 716, 720 (5th Cir. 2001). American society deems that its citizens impliedly consent to unsolicited visits to their residences by members of the public such as Girl Scouts selling cookies, candidates for public office, pollsters, persons distributing religious literature and the like...continue to full post

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