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M.D.La.: RS required for knock and talk far off the road

By John Wesley Hall, Jr.

Because defendant's house was so far from the road that reasonable suspicion was required, but officers had reasonable suspicion to conduct a knock and talk and enter his property which was a long way from the roadway. United States v. Ardoin, 2010 U.S. Dist. LEXIS 109806 (M.D. La. October 14, 2010): Though the roadway is not a curtilage, and is therefore not subject to the heightened standards applicable to homes, the officers still must have had a reasonable suspicion upon which to approach Ardoin's home to conduct a “knock and talk” investigation. If the officer has a reasonable suspicion of criminal activity, the officer may approach an individual's home, knock on the door, and talk to the home’s occupants, and the Fourth Amendment is not implicated because no search or seizure occurs...continue to full post

Full post as published by Fourth Amendment on October 20, 2010 (boomark / email).