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E.D.Mo.: When no one home for a knock-and-talk, officers can go to back door without violating curtilage

By John Wesley Hall, Jr.

When officers received no response to their knock-and-talk at the front door, they could go to the back door without violating cartilage. A burn barrel in the back yard was seen, and a search warrant was obtained. United States v. Rothermich, 2010 U.S. Dist. LEXIS 45798 (E.D. Mo. April 30, 2010): To the extent that the defendant claims that the officers violated his Fourth Amendment rights by entering onto his property to conduct their "knock and talk" procedure, such claim has no merit. "Law enforcement officers may encroach upon the curtilage of a home for the purpose of asking questions of the occupants." United States v. Hammett, 236 F.3d 1054, 1059 (9th Cir.), cert. denied, 534 U.S. 866 (2001); United States v. Raines, 243 F.3d 419, 421 (8th Cir...continue to full post

Full post as published by Fourth Amendment on May 13, 2010 (boomark / email).