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Sounds from inside after the knock of a knock and talk did not justify entry

By John Wesley Hall, Jr.

Knock and talk resulted in officers hearing people scurrying around inside, and they feared destruction of evidence or they were arming themselves, so the officers entered. The entry was unlawful because there was no probable cause to begin with. State v. Scallion, 2008 La. App. LEXIS 213 (3d Cir. February 20, 2008): In the instant case, Trooper Turnage could not see into the Scallion residence because of the texture of the glass. The officers could only see the forms of individuals moving back and forth in what was described as panicked movements. Based on the totality of the actual information available to them at that time, we do not find that law enforcement officers could reasonably conclude that the reason for the movement was the destruction of evidence or arming of the occupants...continue to full post

Full post as published by Fourth Amendment on February 24, 2008 (boomark / email).