UNREASONABLE SEARCH

Following a hearing in the Calloway Circuit Court on a motion to suppress evidence obtained during a “knock and talk” at our client’s residence, the court ruled law enforcement officers conducted an unreasonable search of the client’s property when they made no effort to knock on the front door but instead went to the back door and began knocking while on the deck adjoining the house. Because the rear of a residence is not typically a location the general public would be expected to go, the same restrictions apply to law enforcement when attempting to speak with a resident. The officers also knocked on our client’s windows for several minutes. Evidence obtained as a result of the “knock and talk” was ordered to be suppressed and unavailable for the prosecution to present at trial. The charges against our client were dismissed due to the court’s ruling.