Ep. #295: If homeowner tells cops to leave during knock and talk, do cops have to leave?

2 years ago
8

📌 Unlawfulness of police officers' conduct in going beyond a single warrantless knock and talk while attempting to get arrestee to come to door of his house, including four reentries onto property and attempts at a window in the early morning hours, was clearly established at time of events, and thus officers were not entitled to qualified immunity from arrestee's claim of violation of his Fourth Amendment rights; there was no implicit social license to invade the curtilage repeatedly, forcefully knock on front door and a bedroom window frame, and urge arrestee and other residents to come outside, all in pursuit of a criminal investigation.

French v. Merrill, 15 F.4th 116 (1st Cir. 2021)

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