context: "Absent express orders from the person in possession against any possible trespass, there is no rule of private or public conduct which makes it illegal per se, or a condemned invasion of the person's right of privacy, for anyone openly and peaceably, at high noon, to walk up the steps and knock on the front door of any man's 'castle' with the honest intent of asking questions of the occupant thereof -- whether the questioner be a pollster, a salesman, or an officer of the law."
citation_a.signal: see
citation_a.identifier: 97 Ohio App. 3d 687, 690
citation_a.parenthetical: "that where the intent of the officers was not to conduct a search, but only to question a resident, the consent of a third party to enter the house should not be held to the same standard as the consent of a third party to a warrant-less search of the house"
citation_a.sentence: See Manni v. United States, 391 F.2d 922, 923 (1st Cir.), cert. denied, 393 U.S. 873 (1968) (affirming lawfulness of officers’ entry into front room of defendant’s home where “the purpose of the entry was to engage in the conversation the agents had been seeking” and defendant knew of such purpose and consented to entry); Akron v. Harris, 93 Ohio App. 3d 378, 382 (1994) (third party may consent to entry but not to search); State v. Chapman, 97 Ohio App. 3d 687, 690 (1994) (“that where the intent of the officers was not to conduct a search, but only to question a resident, the consent of a third party to enter the house should not be held to the same standard as the consent of a third party to a warrant-less search of the house”); Commonwealth v. Netting, 315 Pa. Super. 236, 240-241 (1983) (evidence not suppressed where guest admitted police to apartment, police were not attempting to secure permission to search apartment but rather were responding to complaint to determine occupants’ well-being, and search was conducted with defendant’s consent).
citation_b.signal: see also
citation_b.identifier: 108 F.3d 684, 689-693
citation_b.parenthetical: officer's continuous knocking on hotel room door around 11:00 p.m. for over three minutes and asking defendant to open door to talk constituted an unconstitutional seizure
citation_b.sentence: See also United States v. Kim, 27 F.3d 947, 949-950, 954 (3d Cir. 1994), cert. denied, 513 U.S. 1110 (1995) (no search or seizure when police questioned defendant at door of sleeping compartment in train). Contrast United States v. Jerez, 108 F.3d 684, 689-693 (7th Cir. 1997) (officer’s continuous knocking on hotel room door around 11:00 p.m. for over three minutes and asking defendant to open door to talk constituted an unconstitutional seizure).