Does a police officer need to obtain consent to enter and search a person's home during a second interview?

California, United States of America


The following excerpt is from People v. Nguyen, G052424 (Cal. App. 2017):

As a result, defendant's individual liberty was not restrained during the first interview, and his interaction with Capps was therefore a properly initiated consensual encounter, not a detention. Police may knock on the door of a residence, speak with the occupant, and request permission to enter and search, a procedure known as "'knock and talk.'" (People v. Rivera (2007) 41 Cal.4th 304, 311.) "The sanctity of the home is not threatened when police approach a residence, converse with the homeowner, and properly obtain consent to search. The Fourth Amendment's prohibition against warrantless searches of homes does not apply when voluntary consent to the search has been given by someone authorized to do so." (Ibid.)

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