“Knock and Talk”

What exactly is a “knock and talk” procedure?

A knock and talk investigation “involves officers knocking on the door of a house,
identifying themselves as officers, asking to talk to the occupant about a criminal
complaint, and eventually requesting permission to search the house. If successful,
it allows police officers who lack probable cause to gain access to a house and
conduct a search.

Once the officers get permission to search the house, they are allowed to use any
contraband they find as the basis for probable cause The officers can then
obtain a search warrant and seize the contraband.

However, the officer will not
always need to obtain a search warrant due to the plain view doctrine. The well established plain view doctrine states “police may seize evidence in plain view
without a warrant.

Police use one of the recognized exceptions—

voluntary consent—in the “knock and talk” procedure. Thus, as long as the
homeowner voluntarily allows the police officer inside the home, the officer can
legally seize any contraband within his plain view. Furthermore, not only can the
officer seize the contraband, but the officer can also arrest the homeowner for
possession of the contraband. Therefore, consenting to a “knock and talk” could
have serious consequences for the homeowner.