"KNOCK AND TALK"

Warrantless-search tactic effective but risky -police don't know a lot about
what they're getting into

Portland police will review their performance, as they should, in the "knock
and talk" search last week where Policewoman Colleen Waibel was killed and
two other officers were wounded.

The tragedy also ought to cause a thorough rethinking of the
warrantless-search policy itself.

Foremost, is it worth the risk to police officers?

Police, responding to suspicions of illegal drug activity -- more often than
not, marijuana growing -- walk up to a door, knock, talk and ask for entry.

The alternative is to spend time and money getting warrants.

"Knock and talk" is quicker and cheaper.

It doesn't involve the district attorney and courts, as getting warrants
does.

Most of the time, the occupants let the police come in and look around. Much
of the time, police find no signs of criminal activity.

That wasn't the case last Tuesday in Southeast Portland. Gunfire greeted
Officer Waibel and the two officers with her. It was the first fatality of
"knock and talk" since police implemented it here a few years back.

But the death certainly raises questions about it. Defense lawyers raise
questions in virtually every trial about intrusion, intimidation and
coercion. They question officer testimony about smelling or seeing drug
activity. And they suggest the police activity is driven more by the
potential for forfeiture revenue than probable cause or even reasonable
suspicion.

The tactic is constitutionally sound, however. And usually safe. It's
founded on reasonable suspicion though, unlike warrants are based on
probable cause.

Police usually have a better idea about what they're getting into when they
knock on a door with warrant in hand than with "knock and talk."

Last year, Portland police made more than 400 such visits, about half of
them leading to arrests.

We're talking business here, not personal use. As often as not, 30 to 50
plants, not one or two.

In the aftermath of last week's tragedy, police surely will review "knock
and talk" training. Last week's shooting suggests greater caution is
necessary, particularly where neighbors report the presence of weapons.