Knock and Talk Consent Search Tactics Used by Law Enforcement
A “Knock and Talk” or a “Tap and Rap” consent search is a tactic used by law enforcement officers when they do not have the necessary probable cause to obtain a search warrant but nonetheless want to search a residence or business. A “Knock and Talk” scenario commonly occurs when usually two police officers or narcotic detectives unexpectedly knock on a citizen’s door. In most scenarios, the officer will tell the person answering the door that there was a report of drug sales or other activity at the residence. The officer will then follow up with a request to come inside or seek permission to look around, walk through, or search the residence. YOU DO NOT HAVE TO CONSENT TO A SEARCH OF YOUR PERSON, AUTOMOBILE, OR HOUSE. This tactic is popular with law enforcement because citizens routinely give consent or acquiesce to the law enforcement officer’s request. This tactic is also popular because any illegal contraband observed in plain view during the walk through or found during the search is usually admissible as evidence. Citizens should be aware of this tactic and also be aware that officers are not required to tell them they do not have to consent to the search.
If you are confronted with this situation, you have the right to deny the officer’s request to search your residence. Before you consent to any type of search by law enforcement you should seek guidance from a seasoned criminal defense lawyer. The criminal defense attorneys at the Mander Law Group are available for guidance and to explain your constitutional rights to you. We offer free initial consultations on all criminal cases. CALL (352) 567-0411 to speak with an attorney.