Wolf at the Door: Issues of Place and Race in the Use of the "Knock and Talk" Policing Technique

Abstract: The procedure known as "knock and talk" allows police to approach a dwelling, knock on the door, and ask questions of the inhabitant with the goal of obtaining entry into the dwelling. This is a popular policing technique because probable cause or a warrant is not required. This Note analyzes the effect of knock and talk on conceptions of privacy and space held by those most frequently targeted: low income and minority individuals. It argues that the curtilage doctrine, which protects the area surrounding the home, does not assist these individuals. In addition, this Note demonstrates that knock and talk can be abused in two ways: through improperly obtained consent and police-created exigent circumstances. Finally, this Note argues that the use of knock and talk undermines efforts at community policing and has the potential to harm the population it supposedly protects.IntroductionOn October 13, 2005, police officers in Lexington, Kentucky executed a "controlled buy" drug operation near an apartment complex where an informant had purchased crack cocaine from a drug dealer.1 Upon completion of the sale, an undercover police officer signaled nearby officers to make an arrest.2 Officers advanced toward a breezeway in the apartment complex and heard an apartment door slam shut.3 The officers detected a strong odor of marijuana emanating from the apartment located in the back-leftof the breezeway.4 Because of the strength and location of the odor, police reasoned that the backleftapartment door had recently been opened.5 One officer knocked loudly on it and announced his presence.6 The officers heard movement from inside the apartment, which led them to believe that the suspect was about to destroy evidence.7Instead of waiting to obtain a warrant, the officers forced entry into the apartment.8 Inside, the police discovered Hollis King and two other individuals smoking marijuana, and a search revealed crack and powder cocaine in the apartment.9 The officers, however, did not locate the suspected drug dealer they were chasing, as that suspect had hidden in the back-right breezeway apartment.10 Despite entry into the wrong apartment, the officers arrested King and, subsequently, the presiding judge would not suppress the evidence from the warrantless entry and search.11 King pled guilty to various drug offenses.12On September 26, 1994, police officers in Wisconsin were patrolling and broadly looking for what they believed to be vehicles used for drug trafficking.13 They noticed a Honda Prelude with Florida license plates in the parking lot of a motel and decided to investigate the identity of the driver.14 By running the license plates through a police computer system, the officers determined that the car belonged to a Mr. Solis, who had a criminal record and a suspended license.15The officers returned that evening with the hope of getting Solis to consent to a search of his motel room.16 At approximately 11 P.M., and proceeding without a warrant, the officers took turns knocking on the door but heard no noise from inside the room.17 One of the officers stated "Police. Open up the door. We'd like to talk to you."18 Another officer knocked on the room's window while the first continued knocking on the door.19 Only after one-and-a-half to two minutes did the officers hear sound from within the room.20The officer at the window used his flashlight to shine light between the drapes, where he saw an individual move underneath the covers of the bed.21 Solis eventually opened the drapes and saw the officer at the window, who stated "Sheriff's Department. Can we talk to you? Would you open up the door?"22 Solis shook his head in agreement and opened the door for the officers.23 They displayed their police badges and asked if they could enter the room to talk to Solis.24 Upon entry into the room, the officers noticed a marijuana cigarette and then asked if they could search the motel room.25 Solis subsequently gestured that he would allow a search and the officers discovered large amounts of cocaine. …