United States v. McGrath

* Circuit Judge of the Eighth Circuit, sitting by
designation.
** Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
F I L E D
United States Court of Appeals
Fifth Circuit
March 27, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-10114
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL McGRATH,
Defendant-Appellant.
Appeal from the United States District Court
For the Northern District of Texas
(3:01-CR-183-1)
Before JOLLY, HIGGINBOTHAM, and MAGILL*, Circuit Judges.
PER CURIAM:**
We agree with the district court that the decision of the
police officers to “knock and talk” was reasonable on these facts.
The officers did not smell the odor produced by the manufacture of
methamphetamines, nor see the two anhydrous ammonia tanks on the
porch until they had exited their unmarked car and were approaching

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the front door of the house. While this confirmed the informant’s
tip and made plain that the officers had probable cause to search,
they were at this point committed to the course which followed. No
warrant is required to “knock and talk.” At the same time, police
officers who possess probable cause cannot avoid their obligation
to obtain a warrant by creating exigent circumstances. While this
is a close case, we are not prepared to say that the district court
was in error.
AFFIRMED.

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