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D.Ore.: ICE agents' inconsistent testimony about 9 pm knock-and-talk led court to hold consent invalid

By John Wesley Hall, Jr.

ICE's knock and talk led to invalid consent, and the nature of the ICE officer's testimony led the court to credit the defendant. The knock and talk occurred on a cold night at 9 pm and defendant told them to come back, but they did not want to leave. They also chose not to go across the street from their office and get a search warrant. Their testimony was vague and inconsistent, but the defendant's was clear. "From all of the above, I conclude that the three ICE agents' actions were the very anthesis of proper law enforcement practices and should not be condoned." United States v. Freeman, 2009 U.S. Dist. LEXIS 55071 (D. Ore. June 24, 2009): For the reasons set forth below, I find Freeman's account of the events that transpired on November 29, 2006, to be the most credible, and therefore rely on his testimony to resolve any disputes of fact and to make my findings in this case...continue to full post

Full post as published by Fourth Amendment on July 02, 2009 (boomark / email).