Constance Westfall v. Jose Luna, et al.
FourthAmendment Privacy
Whether the 'knock-and-talk' exception to the Fourth Amendment's protection against unlawful entry onto a person's property permits police officers to enter a person's property at 2:15 a.m., without a warrant, search and sniff around the curtilage of the home, bang loudly and repeatedly on the person's front door—and have dispatch call the person's home phone and order the person's 14-year-old son to 'go answer the door—until someone finally answers the door at 2:24 a.m.
QUESTIONS PRESENTED 1. Whether the “knock-and-talk” exception to the Fourth Amendment’s protection against unlawful entry onto a person’s property permits police officers to enter a person’s property at 2:15 a.m., without a warrant, search and sniff around the curtilage of the home, bang loudly and repeatedly on the person’s front door—and have dispatch call the person’s home phone and order the person’s 14-year-old son to “go answer the door”—until someone finally answers the door at 2:24 a.m. 2. Whether a person’s “consent” to search their home, given after an unlawful knock-and-talk and in response to a coercive interrogation—with no intervening circumstances—can constitute “an independent act of free will.”