LTE in response to 'Knock and Walk'

JUST SAY NO TO KNOCK & TALK

The Portland Police Bureau officials have typically presented only one side
of the "knock and talk" story ["Knock and Walk," 500 Words, WW, Feb. 4,
1998].

They conveniently ignore what frequently happens with some of their more
aggressive "community policing" types. The cops will come to the door of a
residence and ask to talk the occupants; the occupants will refuse; the
cops persist at the door, becoming more and more demanding; the occupants
finally open the door to tell the cops to leave; the cops then push their
way in, search the residence and then lie about receiving consent. Or less
typically, the occupants will let the cops in to talk with them and then
the cops start snooping around the place, moving from the entry way and
living room to other, more private parts of the house, without permission;
when the occupants object to the search and ask the cops to leave, the cops
ignore those objections and then, if necessary, lie about receiving
consent. Unfortunately, too many judges are willing to believe the police
lies and will not enforce the constitutional protections against police
misconduct we are supposed to enjoy.

Because of the propensity of certain police officers to lie about receiving
consent, I advise my clients not to open the door for the police unless the
police have a warrant and show it. It is hard for the police to claim
consent after they have broken down the door. Unfortunately, as recent
events demonstrate, even that tactic fails in the face of the willingness
of police officers to create exigent circumstances out of thin air, or
should I say "smoke." Nonetheless, I tell my clients that when the police
ask for consent to come into their houses: "Just say no."

Spencer M. Neal, Southwest Front Avenue