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OR: Knock-and-talk led to multiple requests for consent everywhere the officer asked to look, and it was all valid

By John Wesley Hall, Jr.

An officer came to defendant’s house on a knock-and-talk to ask about a stolen computer. “Defendant said that he had only two computers, one in the living room and one in his bedroom. After defendant showed the deputies a desktop computer in the living room, Yazzolino asked to see the computer in the bedroom. Defendant consented but asked whether they had a ‘good reason’ for talking to him. Yazzolino replied, ‘I wouldn’t be there if I didn’t.’” Defendant succeeded in being asked for consent serially about various things in his house and consented to all of it. Officers found guns, and he admitted that he was a felon in possession. He contended that he was coerced but he agreed that the officer used “nice words...continue to full post

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