JOURNAL ARTICLE

"MORE THAN ANY PRIVATE CITIZEN MIGHT DO": THE NEED FOR A CLEAR RULE AGAINST NIGHTTIME KNOCK-AND-TALKS.

  • Published In: Wake Forest Law Review, 2025, v. 60, n. 2. P. 371 1 of 3

  • Database: Business Source Ultimate 2 of 3

  • Authored By: Steed, Jason P. 3 of 3

Abstract

The article argues for the establishment of a clear rule against nighttime knock-and-talks by police officers, emphasizing that such practices violate the Fourth Amendment's protections of property and privacy. It discusses the historical context and legal precedents that support a "no-night-visits rule," which was acknowledged by the Supreme Court in *Florida v. Jardines*. Despite this recognition, lower courts have permitted nighttime knock-and-talks, leading to violations of individual rights, as illustrated by the case of Westfall v. Luna, where officers conducted a 2:15 a.m. knock-and-talk that resulted in excessive force and legal complications. The article concludes that a categorical prohibition on nighttime knock-and-talks is necessary to protect constitutional rights and ensure remedies for violations. [Extracted from the article]

Additional Information

  • Source:Wake Forest Law Review. 2025/03, Vol. 60, Issue 2, p371
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2025
  • ISSN:0043-003X
  • Accession Number:185581037
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