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Name: United States v. Crapser
Case #: 05-30456
Court: US Court of Appeals
District 9 Cir
Opinion Date: 01/10/2007
Summary

The court found that the “knock and talk” encounter between appellant and police was a voluntary, consensual encounter, noting that there was a single, “polite” knock on the door, the police did not demand that the door be opened, they waited “patiently and silently” for the occupants to come outside in response to their request, although armed, they made no effort to draw appellant’s attention to the visible weapons, etc. Law enforcement officers went to appellant’s motel room as information had been received that during a traffic stop, a pressure cooker belonging to a “Gunner Crapser” was found in the trunk of the vehicle and it was suspected that it was used in the manufacture of methamphetamine and there was an outstanding warrant for a Gunner Crapser, although the warrant was flagged to warn officers that the subject of the warrant may have used the alias of Gunner Crapser. The officers knocked on the hotel room door where appellant was staying with a “white, female dancer named Summer,” and Summer answered and then she and appellant came out in response to the officer’s request. The court further found that when a subject voluntarily opens the door and steps at the threshold, the police are not prohibited from performing a Terry stop. (Terry v. Ohio (1968) 392 U.S. 1.)