Eleventh Circuit Court of Appeals - Published Opinions

Thursday, September 10, 2015

Walker: Knock and talk exception applies

In U.S. v. Walker, No. 15-10710 (Sept. 3, 2015), the Court held that the “knock and talk” exception to the warrant requirement applied, and rejected the defendant’s claim that the search of his home violated the Fourth Amendment. The police approached Walker while he was inside his car, with the dome light on, at 5:00 am, inside his open-sided carport near his home. The police were authorized to knock on the car window and talk to Walker. The small distance from the front door of the home did not cause the entry to exceed the knock and talk exception. When the police saw a light on in the car, and lights on in the house, it was not unreasonable for them to tap on the vehicle and ask Walker to step out.