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Judges dissent on search after 'knock and talk'

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An Indiana Court of Appeals judge dissented from his colleagues' view that a police "knock and talk" investigation didn't violate a man's rights under the Indiana Constitution, fearing the circumstances of the case could lead to a general distrust of law enforcement.

In Kenneth Brown v. State of Indiana, No. 11A04-0904-CR-213, Kenneth Brown appealed his various drug convictions by arguing that the police's knock and talk investigation at his home violated his Fourth Amendment and Article 1, Section 11 rights under the federal and state constitutions.

The police had just arrested someone for methamphetamine possession and received a tip the person got the drugs from Brown. Four police officers in three cars decided to drive to Brown's house at 2:30 a.m. to talk to Brown. They didn't have probable cause for a search warrant or to arrest Brown.

The four officers knocked on the door; when Brown answered, they explained the earlier arrest and asked to search Brown's home. Brown said only one officer could come in; that officer found drugs.

The Court of Appeals reviewed the admissibility of the evidence under the fundamental error doctrine, and Judges Margret Robb and Carr Darden ruled the knock and talk procedure didn't violate Brown's rights under the federal or state 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, wrote Judge Robb. In addition, there's no evidence that the officers attempted to bully or intimidate Brown or did anything to show he wasn't free to close the door or refuse entry.

The majority also upheld the submission of the evidence and Brown's convictions.

Judge Paul Mathias dissented regarding only on the grounds that the investigation and search violated Brown's rights under the Indiana 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.

"When we expect a drowsy citizen to stand up to four armed officers who knock at the front door in the middle of the night without a search warrant, I believe we begin to establish a culture of general distrust of law enforcement and its motives that is corrosive to civil society," he wrote. "If 'law enforcement needs' prevail under circumstances like these, the greater right to privacy Hoosiers enjoy under Article 1, Section 11 of the Indiana Constitution ... is ephemeral, if it exists at all."

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  1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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