What started out as a “knock and talk” quickly got off track in this case. Given a totality of the circumstances, an LEO’s threat to “open the door or we’re going to knock it down” did not “fatally infect the voluntariness” of the subsequent consent to enter. Furthermore, the suspect was not in custody for Miranda purposes and therefore no Miranda warning was required.
Practice Tip: In most cases, threats to “open the door or we’re going to knock it down” will taint any subsequent consent to enter. The court in this case cited many facts and body camera video that overcame this threat in this rare instance. If you violate the Fourth Amendment by demanding entry without a warrant or a judicially recognized exception (in other words, without authority to make such a demand) there’s a very good chance evidence will be excluded as fruit of the poisonous tree.
https://drive.google.com/file/d/1JK1Pi2NuA6SIuE-VY2HDs0XxlEyWBENT/view?usp=sharing