California, United States of America
The following excerpt is from People v. Rivera, 159 P.3d 60, 41 Cal.4th 304, 59 Cal.Rptr.3d 473 (Cal. 2007):
The dissenting justice would have affirmed the trial court, reasoning that regardless of the anonymous tip, the homeowner consented to the officers' entry and search: "In this case, at the police officers' request, they were given permission to search the residence where the anonymous tipster indicated Rivera was located. Even assuming that they had no reasonable suspicion for a detention at that point, this `knock and talk' procedure, seeking permission to search a residence, does not run afoul of the Fourth Amendment. (People v. Jenkins (2004) 119 Cal.App.4th 368, 372, 14 Cal.Rptr.3d 197.)." The dissenting justice concluded further that the officers made a consensual contact with defendant that did not escalate to a detention until they learned defendant had a knife.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.