Knock and Talk

[bpoppa]

What is the name of your state?Washington
Tacoma police officers testified they received a tip from a paint store clerk that my codefendant had just purchased a gallon of toulene. The clerk relayed the info off of the ID he had photocopied as well as the description and plate # of my truck he had used. Records showed we each had 1 prior count of "Attempt to Manufacture a Controlled Substance" and I had 2 misdemeanor warrants one in district and one in municipal. All of the officers testified in in the suppression hearing that they assembled that day to conduct a "Knock and Talk" at my house. When they arrived they knocked on my door and as I opened it they barged right on in told me I was under arrest for the misdemeanor warrants and handcuffed both myself and codefendant then asked me if they could "look around". This was their testimony. The Ferrier warnings that apply to a "Knock and Talk" in WA state are perfectly clear that they must be given prior to entering the home. The officers all testified their reason for being there was strictly to conduct the "Knock and Talk". In our suppression hearing the judge denied saying that the officers were in fact there to serve the misdemeanor warrants. Even so, in a city where officers do not serve such warrants, can they enter your home just to serve that warrant. The judge said that could be up to a Cout of Appeals to decide. Both misdemeanor warrant were later dismissed and we are into the second day of jury deliberation. Does anyone know of any case law or opinions that look at any of these situations?

[CdwJava]

Yes, the officers can enter to serve the warrants even if they do not commonly do so.

The scope of any search after you have been taken in to custody is limited, generally, to only the immediate area where you were seated. they could, however, conducted a protective sweep of the residence to ascertain if there were any other individuals inside that might be a threat or in need of assistance. Whether they exceeded their authority would certainly be up to a court.

And Ferrier, I believe, requires the police in WA to advise residents that they can refuse consent to enter a residence. However, it would not be applicable if they were aware of the warrants and entered to actually serve those warrants. Once they saw you, then they could serve the arrest warrant.

- Carl

[harbor14]

Originally Posted by bpoppa

What is the name of your state?Washington
Tacoma police officers testified they received a tip from a paint store clerk that my codefendant had just purchased a gallon of toulene. The clerk relayed the info off of the ID he had photocopied as well as the description and plate # of my truck he had used. Records showed we each had 1 prior count of "Attempt to Manufacture a Controlled Substance" and I had 2 misdemeanor warrants one in district and one in municipal. All of the officers testified in in the suppression hearing that they assembled that day to conduct a "Knock and Talk" at my house. When they arrived they knocked on my door and as I opened it they barged right on in told me I was under arrest for the misdemeanor warrants and handcuffed both myself and codefendant then asked me if they could "look around". This was their testimony. The Ferrier warnings that apply to a "Knock and Talk" in WA state are perfectly clear that they must be given prior to entering the home. The officers all testified their reason for being there was strictly to conduct the "Knock and Talk". In our suppression hearing the judge denied saying that the officers were in fact there to serve the misdemeanor warrants. Even so, in a city where officers do not serve such warrants, can they enter your home just to serve that warrant. The judge said that could be up to a Cout of Appeals to decide. Both misdemeanor warrant were later dismissed and we are into the second day of jury deliberation. Does anyone know of any case law or opinions that look at any of these situations?

Ferrier warnings only apply when officers come to a residence and wish to conduct a consent search for contraband. Ferrier warnings in short; right to refuse, right to limit, and right to terminate.

A warrant (any warrant) in Washington allows entry to arrest if we have reasonable suspicion to believe the person is inside the primary residence. We may use to force to enter if we are refused entry.

A warrant is never pre-textual and as per what you have written Ferrier warnings would not apply.