Even When the Controlled Buys Happen at the Back Door, Knock and Talks Must Happen at the Front Door

I’ve blogged before about whether law enforcement officers may go to a side door, or the back door, when attempting to conduct a knock-and-talk. The court of appeals just decided another case on point, again holding that an officer generally may not do so. The case is State v. Stanley. Facts. A confidential informant contacted the Durham police, reporting that he had purchased heroin from a man named Meager at a particular apartment. The CI then made three controlled buys from Meager at the same apartment, each time using the back door of the unit. Officers obtained an arrest warrant for Meager and went to the apartment. Meager wasn’t there, but defendant Stanley – an overnight guest at the residence – was present and opened the door for the officers. The officers smelled marijuana, entered the apartment to conduct a protective sweep, and eventually arrested Stanley based on controlled substances and paraphernalia they found on his person and in the apartment. Procedural history. Stanley was charged with trafficking in heroin and other offenses. He moved to suppress, arguing that the officers violated the Fourth Amendment by approaching the back door of the apartment without a search warrant. A superior court judge denied the motion, and Stanley pled guilty, reserving his right to appeal. Court of appeals opinion. The court of appeals agreed with the defendant. Citing State v. Huddy, __ N.C. App. __, 799 S.E.2d 650 (2017) (knock and talk at storm door on rear porch improper); State v. Gentile, 237 [...]