Denial of Suppression Motion Affirmed

U.S. v. Cruz-Mendez, -- F.3d --, 2006 WL 3190252 (10th Cir. 11/6/06) - No reasonable suspicion was necessary to justify "knock and talk." Defendant's girlfriend voluntarily consented to officers' entry of their living room. After she denied knowing Mr. Cruz-Mendez and denied anyone else was there, officers saw in plain view a cell phone with Mr. Cruz-Mendez's name etched on it that was protruding from a jacket pocket. Because officers were lawfully in a position to view the phone, no Fourth Amendment violation. District court did not clearly err re: credibility finding that girlfriend voluntarily consented to search of bedroom, where Mr. Cruz-Mendez was found hiding under a pile of clothes in the closet. The totality of the circumstances established pc to arrest him for illegal reentry.