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- Knock_and_talk abstract "Knock and Talk or Tap and Rap is a law enforcement tactic used when there is not sufficient evidence, probable cause, or reasonable suspicion to obtain a search warrant. It is held to not implicate the Fourth Amendment to the United States Constitution if consent is given by the citizen to enter the residence and perform a search. A consent to search must be unequivocal and specific. It must be given voluntarily, intelligently, and knowingly. Officers described the procedure as going to the suspect house, engaging in conversation and attempting to gain consent to search. Generally, courts examine every aspect of a knock and talk for any hint that the reasonable person would not feel free to decline the officers’ requests as knock and talk carries a great risk for abuse.In addition, there are no scholarly studies to show how often a so-called "knock-and-talk" develops into a "knock-and-enter." It has been suggested by civil liberty watchdog groups that all police encounters with citizens be video recorded in order to objectively have a record in order to independently verify the status of the interaction. A hypothetical situation might be as follows: malice on the part of either an individual law enforcement officer, his supervisor, or a snitch-turned-search-agent could be used as a vehicle to enter a citizen's house, find any contraband, or plant any contraband; a confident police force then goes to the citizen's residence and overwhelms anyone who answers the door in response to the police "knock-and-talk" and the police storm the house, finding what they already "know" is there by way of an illegal "search" which has occurred. The homeowner is now arrested and in jail; if this homeowner has the money and/or knowledge to fight, he can prevail, however, this court battle will probably be anchored by police claiming to have had a warrant; there is nothing to prevent this claim of possession of a warrant by police. Police do not have to display a warrant upon its so-called service execution (the very reason it is suggested that video recording should be mandatory at all "warrant executions" and "knock-and-talks"). Police do not have to include material information in a so-claimed search warrant. A purported warrant-issuing judge may not be questioned in any way and has absolute judicial immunity in this judicial duty. The SCOTUS has ruled that it is a constitutional violation to have media ride-along and video "warrant executions." Behind this warrant, attempted to defend police action which has occurred well prior to any claimed warrant, police defense firms move for "qualified immunity," which should be inapplicable in this instance given the potentially provable actions of police.".
- Knock_and_talk wikiPageID "28176988".
- Knock_and_talk wikiPageRevisionID "569741915".
- Knock_and_talk hasPhotoCollection Knock_and_talk.
- Knock_and_talk subject Category:Criminal_investigation.
- Knock_and_talk subject Category:Legal_doctrines_and_principles.
- Knock_and_talk comment "Knock and Talk or Tap and Rap is a law enforcement tactic used when there is not sufficient evidence, probable cause, or reasonable suspicion to obtain a search warrant. It is held to not implicate the Fourth Amendment to the United States Constitution if consent is given by the citizen to enter the residence and perform a search. A consent to search must be unequivocal and specific. It must be given voluntarily, intelligently, and knowingly.".
- Knock_and_talk label "Knock and talk".
- Knock_and_talk sameAs m.0cmb2gc.
- Knock_and_talk sameAs Q6422786.
- Knock_and_talk sameAs Q6422786.
- Knock_and_talk wasDerivedFrom Knock_and_talk?oldid=569741915.
- Knock_and_talk isPrimaryTopicOf Knock_and_talk.