Tyler Brienza v. City of Peachtree, Georgia, et al.
FourthAmendment FirstAmendment CriminalProcedure
When occupants answer a 'knock-and-talk' by law enforcement officers and step onto the porch, or curtilage of the home, to address the officers, may the officers transform the voluntary encounter into an investigative detention absent exigent circumstances?
QUESTION PRESENTED The Fourth Amendment prohibits law enforcement from entering a private home, or its curtilage, without a warrant or exigent circumstances, with one limited exception: a “knock-and-talk.” This limited exception permits law enforcement officers to take a normal pathway to the front door and knock just as any other member of the public—whether a neighbor, mail carrier, or girl scout selling cookies. It is a voluntary encounter. As such, the occupants are free to refuse to answer the door, answer the door and refuse to answer any questions, or engage in conversation with law enforcement officers. The question presented is: When occupants answer a “knock-and-talk” by law enforcement officers and step onto the porch, or curtilage of the home, to address the officers, may the officers transform the voluntary encounter into an _ investigative detention absent exigent circumstances? ii PARTIES The parties to this proceeding are set forth in the caption.