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PEOPLE v. COLT

No. B167293.

13 Cal.Rptr.3d 852 (2004)

118 Cal.App.4th 1404

The PEOPLE, Plaintiff and Respondent, v. Robert Joseph COLT, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

Rehearing Denied June 22, 2004.

Review Denied August 11, 2004.

Attorney(s) appearing for the Case

Larry S. Dushkes, Westlake Village, CA, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Marc E. Turchin, Supervising Deputy Attorney General, Linda C. Johnson, Deputy Attorney General, for Plaintiff and Respondent.

YEGAN, Acting P.J.

Paraphrasing our California Supreme Court, we hold that a police officer may seek an interview with a suspect at his home as long as such inquiry is courteously made and not accompanied by any assertion of a right to enter or secure answers. Federal jurisprudence describes this police tactic as "knock and talk." In this situation, the encounter between the police and the person is consensual and Fourth Amendment protections are not implicated.<...

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