The Search & Seizure Show

Does a NO TRESPASSING sign and closed gate prohibit police officer from doing a knock & talk?


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Hey guys, it's Anthony Bandiero Here attorney and senior legal instructor for Blue to Gold law enforcement training, bringing into the roadside chat from the studio. Alright, this question comes from an officer in California, all right. So let me just kind of give you the question basically is will a no trespassing sign and they closed gate prohibits you from doing a knock and talk. Alright. So before I kind of go into my feedback here, let me get, let me give you some context here. So deputies in a role setting, they want to do a knock and talk on a burglary suspect. They don't have probable cause to arrest them. Now the suspect lives on a 100 acre ranch. It's fenced barbed wire, the driveway gate is closed, but also to keep the cows in, right. It's a rancher to working ranch, but the gate is not locked. There are several no trespassing sign No Trespassing signs provided near the front gate. about midday, the deputies open the gate drive through and close the gate behind them don't let the animals out. Right. They drive down a mile long driveway to reach a suspects house. And they talk to him. So the officer has two questions. Number one is are we good here on a knock and talk in number two is if if we are or not, you know, if we develop probable cause to arrest him? Can we arrest him? Okay. So whether or not whether or not a knock and talk is lawful, is falls into the Girl Scout rule. Okay, it's it comes from a case called Florida versus Jordan's US Supreme Court. So the Girl Scout rule basically means this do you believe? You know, take the cop part out of it? Right? I know your mission is to find out. But take the car cop part out. Do you believe that the Girl Scouts could do the same thing without offending? This person's raised quantitation of privacy? Right? Or trespassing on his property? Do you

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The Search & Seizure ShowBy Anthony Bandiero

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