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Gentle readers this is an area which has expanded shamefully. Police
 boast that their new technique, the "knock and talk" produces
 thousands of warrant less "consensual" searches of private residences
 every year. It goes like this: "Excuse me sir, /ma’m, but we’d just like to
 come in and look around. It will go much easier for you than if you make
 us get a warrant." 



                Return To OnlinePot’s Legal Section Main Page       


Most folks make the mistake of letting them in. When a client tells me this story I just want shake them and scream: "What were you thinking of?" Where is the instinctive American resistance to authority? Has it been eroded by the conspicuous lawlessness of all the handsome and beautiful police men and women on TV? Can it be that no one understands that the constitution is not a technicality but the rules that tell the government what it can and can’t do? One thing it says for sure: with only the narrowest of exceptions, the police can’t enter your home without a warrant. If you call me and tell me the police have been in your home and found marijuana you had better show me a warrant or broken hinges. Period!! 

There is no excuse for a warrant less search of a pot farm. Why Not? Often, police will confront you at your door and tell you that if you don’t let them in, they will come back with a warrant, trash your house, tell your neighbors, and terrify your family. A well-justified concern for property and family often persuades us to let them in. That "it will go easier for you if you let us in" is an empty promise. Don’t do it. Once you have consented, there are no limits to what they can search, and no practical defenses to the search. One court found that a citizen who allowed the police to enter his home to "look around" had implicitly consented to what the police eventually did: tear up his walls with sledge hammers and axes. Don’t consent, even if they threaten to trash everything you own and sell your first born into slavery.

 Do you imagine they will admit those threats when the time comes to argue that your consent was not "voluntary?" Traumatic though it may be, only a broken door preserves the indisputable story of their entry, and with it your best possible defense. Of course, the better answer, is to prevent those uninvited knocks on the door. Make sure that you front door is not "impliedly open to the public." Even if you don’t let them in, if they get that close they will say they smelled it.



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