NCJ Number
152187
Journal
Police: The Law Enforcement Magazine Volume: 18 Issue: 10 Dated: (October 1994) Pages: 44-49
Date Published
1994
Length
6 pages
Annotation
If there is not enough evidence to obtain a search warrant, a "knock-and-talk" consent search can be useful in determining how to proceed in a possible drug case.
Abstract
A "knock-and-talk" consent search involves an officer knocking on the door of a residence about which there is some suspicion of drug possession or trafficking without there being probable cause for a search warrant. The citizen who has authority to admit the officer and grant consent for a search is told of the suspicion that a crime has occurred in the residence and requests that the citizen grant permission for a search. The suspect may refuse to allow the search, may allow a search that results in no evidence being found, or allow a search that results in the finding of incriminating evidence. Regardless of which of the three outcomes occurs, the police officer has achieved a useful outcome. If a suspect denies a search, the suspect, if in fact he is breaking the law, becomes aware that the police have reason to suspect him of criminal activity. If the suspect allows the search and no evidence is found, the searching officers still obtain valuable intelligences on floor plans and other occupants while alerting the suspect to community and police suspicions. If the search is allowed and incriminating evidence is found, a seizure and arrest may be made. Whatever the outcome, neighbors will know that the police have responded to their concerns. To be legal, "knock-and-talk" consent searches should be noncombative, nonconfrontational and carry clear evidence that the citizen consented to a search should one be undertaken. Any consensual search should be limited to a reasonable area.