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Criminal Law

: Fourth Amendment

M.D.Fla.: Entry through screened-in porch to knock at door did not violate Fourth Amendment

By John Wesley Hall, Jr.

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The screened-in porch is an area not entitled to Fourth Amendment protection. Even it it was, the officers acted reasonably when they entered to knock on the door to the house inside the porch with an arrest warrant. United States v. Bergin, 2010 U.S. Dist. LEXIS 79583 (M.D. Fla. August 6, 2010): Defendants argue that Deputy Roberts violated the Fourth Amendment when he entered the screened-in porch area to knock on the door. The Report and Recommendation correctly rejects this argument (Doc. #205, p. 29, n.6). Even in the absence of any type of warrant, officers may approach a residence and knock on the door for legitimate police purposes unconnected with a search of the premises, United States v. Taylor, 458 F.3d 1201, 1204 (11th Cir. 2006); United States v...continue to full post

Full post as published by Fourth Amendment on August 10, 2010 (boomark / email).

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