Can a police officer enter the driveway of a house to initiate a consensual encounter?

California, United States of America


The following excerpt is from People v. Cisneros, B293149 (Cal. App. 2020):

prosecution. [Citations.] Such consensual encounters present no constitutional concerns and do not require justification. [Citation.]" (People v. Brown (2015) 61 Cal.4th 968, 974; accord, People v. Rivera (2007) 41 Cal.4th 304, 309.)

Consensual encounters may occur in private as well as public spaces. As noted in People v. Rivera, supra, 41 Cal.4th at page 309: "Consensual encounters may also take place at the doorway of a home. . . . 'Absent express orders from the person in possession against any possible trespass, there is no rule of private or public conduct which makes it illegal per se, or a condemned invasion of the person's right of privacy, for anyone openly and peaceably, at high noon, to walk up the steps and knock on the front door of any man's "castle" with the honest intent of asking questions of the occupant thereofwhether the questioner be a pollster, a salesman, or an officer of the law.' [Citation.] This view ' "has now become a firmly-rooted notion in Fourth Amendment jurisprudence." ' [Citation.]" (Ibid.) A consensual encounter of this type "require[s] no articulable suspicion of criminal activity." (Ibid.; see also People v. Lujano (2014) 229 Cal.App.4th 175, 183-184 [police may open front gate and enter driveway to initiate a consensual encounter].)

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