Knock and talks are a common, useful, and sometimes controversial law enforcement tool. I thought that I would put together a post that summarizes the principal legal issues that they present. Knock and talks are generally permitted. The Supreme Court of the United States has ruled that there is an “implicit license” that “typically permits [a] visitor to approach [a] home by the front path, knock promptly, wait briefly to be received, and then (absent invitation to linger longer) leave.” Florida v. Jardines, 569 U.S. 1 (2013). This implied invitation applies to law enforcement officers just as it does to other citizens. “Thus, a police officer not armed with a warrant may approach a home and knock, precisely because that is no more than any private citizen might do.” Id. (internal quotation marks and citation omitted). Where an officer may go. “[T]he knock and talk doctrine does not permit law enforcement to approach any exterior door to a home. An officer’s implied right to knock and talk extends only to the entrance of the home that a reasonably respectful citizen unfamiliar with the home would believe is the appropriate door at which to knock.” State v. Huddy, __ N.C. App. __, 799 S.E.2d 650 (2017). In most cases, that means the front door. See, e.g., State v. Stanley, __ N.C. App. __, __ S.E.2d __, 2018 WL 2207928 (discussed in this prior post; holding that an officer exceeded the permissible scope of a knock and talk by approaching the back door [...]
Faculty Coordinators
