Martinez-Ruiz

MEMORANDUM ***

Jose Martinez-Ruiz was convicted of possession with intent to distribute marijuana, aiding and abetting another to possess and distribute, and conspiracy to possess with intent to distribute marijuana. He appeals the denial of bis pre-trial motion to suppress.

The law of this circuit is quite clear that “officers may encroach upon the curtilage of a home for the purpose of asking questions of the occupants.” United States v. Hammett, 236 F.3d 1054, 1059 (9th Cir. 2001), cert. denied, — U.S. -, 122 S.Ct. 152 , — L.Ed.2d-(2001). The agents are perfectly entitled to knock, openly and peaceably, on a person’s door with the honest intent of asking him questions. Davis v. United States, 327 F.2d 301, 303 (9th Cir.1964). Indeed, this circuit holds that no suspicion at all is needed for agents to conduct a “knock and talk,” even one occurring at night. United States v. Cormier, 220 F.3d 1103, 1109 (9th Cir.2000), cert. denied, 531 U.S. 1174 , 121 S.Ct. 1146 , 148 L.Ed.2d 1009 (2001). An unlocked gate does not create an impenetrable shield that officers may not breach.

The crux of this appeal is the defendant’s disagreement with the district court’s findings of fact.…