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- Title
UNITED STATES V. CARLOSS: AN UNCLEAR AND DANGEROUS THREAT TO FOURTH AMENDMENT PROTECTIONS OF THE HOME AND CURTILAGE.
- Authors
Chaney, Quiwana N.
- Abstract
Through United States v. Carloss, the Tenth Circuit Court of Appeals has legitimized a belief that nothing can prevent police from approaching a home to conduct knock-and-talks. A knock-and-talk is a widely used police tactic that allows the police to knock on the door of a home to ask the inhabitant questions without a warrant or probable cause. This Comment argues that the Tenth Circuit should have considered constitutional precedent and protections regarding the home and curtilage, like Judge Gorsuch in his dissent, and the impact such an unclear ruling would have on potential abuses of power and the community. Furthermore, this Comment offers a recommendation to courts on how to evaluate knock-and-talks in a way that protects civilian liberties granted under the Constitution as well as allow police to efficiently and effectively conduct investigations without endangering officer safety.
- Subjects
UNITED States. Constitution. 4th Amendment; SEARCHES &; seizures (Law); WARRANTS (Law); PROBABLE cause (Searches &; seizures); DESPOTISM
- Publication
Denver Law Review, 2018, Vol 95, Issue 2, p519
- ISSN
2469-6463
- Publication type
Article