Case Law Update
Multiple Special Agents of the Drug Enforcement Administration (“DEA”) conducted a knock and talk at the home of Omar Arreguin. When they knocked on the door, a houseguest, Elias Valenica, Jr. answered the door. The police asked Mr. Valencia if they could enter, he said that they could, and Special Agents entered and conducted a sweep, discovering suspected drugs and a large quantity of cash, and obtaining incriminating statements. The United States Court of Appeals for the Ninth Circuit found that the Special Agents had not lawfully entered the residence, because Mr. Valencia did not have authority to consent to a search, and the Special Agents had insufficient reason to believe he possessed authority to consent to a search.
At 11:00 a.m. on August 16, 2008, DEA Special Agents John Rubio, Paul McQuay, Chad Corbin, Group Supervisor Daniel Neill, and other law enforcement officers conducted a “knock and talk” at a residence in Riverside, CA. The residence was the home of Omar Arreguin, his wife, Maria Ledesma-Olivares, and their infant. A houseguest, Elias Valencia, Jr., was also present.