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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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  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

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