Michigan Legal News

MI Supreme Court: Knock & Talk Was Trespass

Via Forbes: In a welcome win for private property rights, the Michigan Supreme Court unanimously ruled that law enforcement violated the Fourth Amendment by trespassing without a warrant. The decision centered on a controversial tactic known as a “knock and talk,” which involves law enforcement approaching homes in order to question the residents and win permission to search inside.

The case dates back to March 18, 2014, when Michael Frederick was jostled awake at 4 o’clock in the morning by loud, insistent knocking. Answered the door, Frederick was greeted by seven armed and vested officers from the Kent Area Narcotics Enforcement Team (KANET). KANET officers asked Frederick if he had any marijuana butter. After he consented to a search, officers found both marijuana butter and a batch of pot brownies in his home

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