United States v. Shuck, 2013 U.S. App. LEXIS 7427

Shuck was indicted on five counts related to large-scale marijuana cultivation and distribution.
He pled guilty conditionally to all five counts and was sentenced to 18 months.
Earlier, police investigated reports of odor and suspicious activity at a trailer; water and vehicle records supported investigation.
Officers obtained a search warrant for the trailer home and later searched a Sand Springs residence.
Shuck challenged the police searches as Fourth Amendment violations and sought an additional downward departure at sentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Knock-and-talk search legality	Shuck contends back-door entry violated Fourth Amendment.	State can conduct knock-and-talk approaching back door with no warrant.	No Fourth Amendment violation; back-door knock-and-talk permissible.
Downward-departure denial review	District court should grant additional four-level departure for safety concerns.	Court had authority to depart but did not abuse discretion; overall sentence reasonable.	Sentence affirmed as reasonable; no reversal on departure grounds.

United States v. Cruz-Mendez, 467 F.3d 1260 (10th Cir. 2006) (knock-and-talk permissible without suspicion)
Florida v. Jardines, 569 U.S. __ (Supreme Court 2013) (porch drug-sniffing not a search; context distinguishable)
United States v. Hatfield, 333 F.3d 1189 (10th Cir. 2003) (driveway observation permissible)
Illinois v. Caballes, 543 U.S. 405 (2005) (dog sniff during lawful stop; no privacy intrusion)
Kyllo v. United States, 533 U.S. 27 (2001) (technology cannot reveal intimate home details)
California v. Greenwood, 486 U.S. 35 (1988) (plain smell/observation from public area allowed)
California v. Ciraolo, 476 U.S. 207 (1986) (curtilage observations from public view permitted)