Litigating “Knock And Talk” Warrantless Entries With Alana De Leon

Alana De Leon


Alana De Leon is an Illinois criminal law litigator worth keeping an eye on. In episode 328 (Duration 43:21) of the Criminal Nuggets Podcast she helps us explore some of the intricacies of “knock and talk” warrantless entries. 

Alana De Leon

There is a certain amount of timidness often seen in young criminal law litigators.

An uncertainty and apprehension that only melts away with raw experience.

Well, Alana De Leon, has none of that.

She’s built her experience and insight on warrantless entries into homes, so called “knock and talks”,  by rolling up her sleeves and challenging them in court.

About Alana De Leon

Alana is the daughter of John De Leon. Her father has a long career as a Cook County attorney.

After graduating from De Paul Law School she was sworn in as an Illinois attorney in November of 2015.

She focuses her practice on federal and state criminal defense where she’s developed a passion for constitutional issues. If it involves crime, murder and mayhem then it has her attention.

Find Out More

To find out more About Alana De Leon go here:

Contact

To contact Alana send her a message here:

alana.m.deleon(AT)gmail(dot)com

What’s In This Episode

The “Knock and Talk” is the weird little cousin of the three types of police-citizen contacts. It’s not quite a Terry stop but something else. (Go to 6:39)

 How is a “knock and talk” related to a “stop and frisk”? With a “stop and frisk” you are out in the open a lot more vulnerable, but a “knock and talk” involves this most sacred structure. (Go to 9:15)

 The most common scenarios leading up to a “knock and talk”.  Surveillance details and itchy officers may not be patient enough to wait for a warrant or…. (Go to 11:06)

✓ All “knock and talks” rely on this one type of exception to the warrant requirement. This is the number one reason police say they don’t need a warrant. (Go to 12:07)

 Are you aware of the biggest factors that can sway a judge when you’re running a “knock and talk” motion? (Go to 14:05)

✓ You’ll be surprised how often the “foot in the door” scenario turns up in these cases. Here’s how to handle them. (Go to 15:52)

When the entire S.W.A.T. team is waiting outside the home, that says a lot about the intent of the “knock and talker”. (Go to 16:56)

✓ Here’s what you need to know about written consent forms. I’ll say this though, generally, the consent form should come before the actual search.  (Go to 18:05)

When expressed written consent does not mean consent. (Go to 19:43)

✓ If the police enter your home and start searching you have an affirmative duty to tell them to stop…WRONG! Failure to speak is not equated with acquiescing to a search. The police alway have the burden to prove they had permission. (Go to 22:57)

✓ The real reason attorneys should think about vigorously litigating these cases. (Go to 26:36)

✓ O.K. – Here’s the second main reason attorneys should think about litigating these issues. (Go to 30:43)

Did you know the case law outlines the proper course of conduct for police who are met with resistance when they attempt to gain entry without a warrant? (Go to 34:09)

✓ Alana has yet to come across a case where a client is saying these things and using this type of language. Somehow, though, police reports say defendant’s use these words all the time. (Go to 35:14)

✓ Remarkably, police may get on the stand and not have an answer for this one most important somewhat obvious question. Encountering these cops on these cases is when the fun really begins. (Go to 37:25)

See Also

Search & Seizure Resource Page

Check out the
Illinois Search And Seizure Resource Page
to learn more about the 4th amendment.

You may also want to check out podcast episode 014.

This was the last time we talked about “knock and talks”.

Many of the issues highlighted by Alana are front and center here. Particularly, it’s a great example of how police should not conduct a “knock and talk.”

Before You Go…

Case law mastery is crucial too zealous and effective advocacy.

I’ve come to believe that steady, persistent attention the cases can take any attorney to the next level.

If you’re interested in taking the first step towards mastering your Illinois criminal courtroom then hit the link below.

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By Arthur McGibbons

Arthur McGibbons has acquired the rights and content to this website. Samuel Partida, Jr. has transferred ownership of this site to Arthur McGibbons.