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Police ignore "NO TRESPASSING" signs and walk on the property. How to keep them off your lawn?
Manage episode 431622524 series 3389815
https://youtu.be/dKtN0rEI-rs
The Fourth Amendment provides that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” U.S. Const., amend. IV. “[H]ouses,” for Fourth Amendment purposes, include a home's curtilage, and a home's “front porch is the classic exemplar” of curtilage. Florida v. Jardines, ––– U.S. ––––, 133 S.Ct. 1409, 1415, 185 L.Ed.2d 495 (2013). Carloss contends that the search of his home pursuant to the warrant was illegal because the officers got the warrant based on information that they obtained in violation of the Fourth Amendment when they trespassed onto the curtilage of his home—the front porch—to knock on the front door, seeking to speak with him.
This court has held, prior to Jardines, that police officers do not violate the Fourth Amendment by going to the front door of a home and knocking, seeking to speak with the occupants. Specifically addressing an investigative knock-and-talk—during which police officers knock on the door of a home seeking to speak with the occupants, see United States v. Carter,360 F.3d 1235, 1238 (10th Cir.2004)—this court has held that, “[a]s commonly understood, a ‘knock and talk’ is a consensual encounter and therefore does not contravene the Fourth Amendment, even absent reasonable suspicion.”
The home's occupant remains free to terminate the conversation or even to avoid it altogether by not opening the door. See King, 131 S.Ct. at 1862 (“[W]hether the person who knocks on the door and requests the opportunity to speak is a police officer or a private citizen, the occupant has no obligation to open the door or to speak.”).
As an initial matter, just the presence of a “No Trespassing” sign is not alone sufficient to convey to an objective officer, or member of the public, that he cannot go to the front door and knock. Such signs, by themselves, do not have the talismanic quality Carloss attributes to them. See Davis v. City of Milwaukee,No. 13–CV–982–JPS, 2015 WL 5010459, at *13 (E.D.Wis. Aug. 21, 2015) (indicating, post-Jardines, that “signs stating ‘Private Property’ or ‘No Trespassing’ do not, by themselves, create an impenetrable privacy zone”); United States v. Jones,No. 4:13CR00011–003, 2013 WL 4678229, at *5 (W.D.Va. Aug. 30, 2013) (stating, post-Jardines, that “No Trespassing” “signs do not, in and of themselves, create a right to privacy
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
https://lawstache.com
(619) 357-6677
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Licensed: California, Nevada, and Federal Courts
The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...
114 つのエピソード
Manage episode 431622524 series 3389815
https://youtu.be/dKtN0rEI-rs
The Fourth Amendment provides that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” U.S. Const., amend. IV. “[H]ouses,” for Fourth Amendment purposes, include a home's curtilage, and a home's “front porch is the classic exemplar” of curtilage. Florida v. Jardines, ––– U.S. ––––, 133 S.Ct. 1409, 1415, 185 L.Ed.2d 495 (2013). Carloss contends that the search of his home pursuant to the warrant was illegal because the officers got the warrant based on information that they obtained in violation of the Fourth Amendment when they trespassed onto the curtilage of his home—the front porch—to knock on the front door, seeking to speak with him.
This court has held, prior to Jardines, that police officers do not violate the Fourth Amendment by going to the front door of a home and knocking, seeking to speak with the occupants. Specifically addressing an investigative knock-and-talk—during which police officers knock on the door of a home seeking to speak with the occupants, see United States v. Carter,360 F.3d 1235, 1238 (10th Cir.2004)—this court has held that, “[a]s commonly understood, a ‘knock and talk’ is a consensual encounter and therefore does not contravene the Fourth Amendment, even absent reasonable suspicion.”
The home's occupant remains free to terminate the conversation or even to avoid it altogether by not opening the door. See King, 131 S.Ct. at 1862 (“[W]hether the person who knocks on the door and requests the opportunity to speak is a police officer or a private citizen, the occupant has no obligation to open the door or to speak.”).
As an initial matter, just the presence of a “No Trespassing” sign is not alone sufficient to convey to an objective officer, or member of the public, that he cannot go to the front door and knock. Such signs, by themselves, do not have the talismanic quality Carloss attributes to them. See Davis v. City of Milwaukee,No. 13–CV–982–JPS, 2015 WL 5010459, at *13 (E.D.Wis. Aug. 21, 2015) (indicating, post-Jardines, that “signs stating ‘Private Property’ or ‘No Trespassing’ do not, by themselves, create an impenetrable privacy zone”); United States v. Jones,No. 4:13CR00011–003, 2013 WL 4678229, at *5 (W.D.Va. Aug. 30, 2013) (stating, post-Jardines, that “No Trespassing” “signs do not, in and of themselves, create a right to privacy
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
https://lawstache.com
(619) 357-6677
Do you want to buy our Lawstache merchandise? Maybe a t-shirt?
https://lawstache.com/merch/
Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101
Want to learn about our recent victories?
https://lawstache.com/results-notable-cases/
If you'd like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra:
*Calvin Klein Men's Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf
*Calvin Klein Men's Slim Fit Dress Pant, https://amzn.to/3G8jLQG
*Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y
*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC
*Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ
*Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm
*Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC
*ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q
Are you are a Russian speaker? Вы говорите по-русски?
https://russiansandiegoattorney.com
Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts
The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...
114 つのエピソード
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