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Transfer granted to 'knock and talk' case

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The state's highest court has agreed to hear a case in which the Indiana Court of Appeals split on whether a police "knock and talk" investigation violated a man's constitutional rights.

The Indiana Supreme Court granted transfer today to Kenneth Brown v. State of Indiana, No. 11S04-0911-CR-537, in which Kenneth Brown's various drug convictions were upheld by the Court of Appeals. Judges Carr Darden and Margret Robb ruled the knock and talk procedure didn't violate Brown's rights under the state or federal constitutions. Neither probable cause nor reasonable suspicion is constitutionally prerequisite for a knock and talk investigation, and suspicion based on an anonymous tip is proper basis for officers to make inquiries of occupants.

Four police officers went to Brown's house in the early morning to talk to him after receiving a tip that a person they had arrested got drugs from Brown. The officers knocked on his front door and when Brown answered, explained the earlier arrest and asked to search his home. Brown allowed only one officer to enter; that officer found drugs.

Judge Paul Mathias dissented, holding that the investigation and search violated Brown's rights under the state constitution. The judge noted the police said they were taking a "crap shot" to get into Brown's house because they didn't have anything to go on. That doesn't amount to a reasonable degree of concern, suspicion, or knowledge that criminal activity has occurred under Litchfield v. State, 824 N.E.2d 356, 359 (Ind. 2005).

The degree of intrusion in this case was very high, with four officers and three police cars showing up at the home in the middle of the night. Judge Mathias didn't believe a reasonable person, roused from sleep and faced with these intimidating circumstances, would feel free to refuse the officers' request to search.

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  4. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  5. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

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