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Recently i passed by a large local mosque. The mosque property was posted "No Gun Zone" at the property boundaries.

If a resident posted such signs on their property then missionaries, delivery people, etc could continue to come and knock on their door as has been common for ages.

Police offixers executing warrants would obviously not need heed the signs. Similarly if police are responding to exigent circumstances.

What if there is no warrant or exigent circumstances and police are doing a "knock and talk". Logically they could disarm before entering the property and do a compliant knock and talk. But i doubt they would be willing to disarm.

My question is can a homeowner modify the implied lixense to come to the door to knock? If the modified license does not allow guns, is an armed police officers entry a trespass?

If an armed police officer came to the door and claimed to see, hear, smell contraband not detectable off property is that admissible?

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    Does your question involve anything more complicated than asking "can a police officer enter the curtilage of a premise posted with a no trespassing sign, if they do not have a warrant"? I think that summarizes the various elements of your question.
    – user6726
    Jul 30 '18 at 0:59
  • @user6726 i think the question you have posed has been answered "yes, they can". So my question is more is this essentially the same as a no trespassing sign or is different in a way that could affect knock and talk.
    – emory
    Jul 30 '18 at 1:03
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Assuming this is US Law (US has the 4th amendment)...

Knocking and Talking is about consent to search. There is no relation between "consent to search" and the officers carrying of a firearm. Sworn police, on-duty and with authority in that area, in any circumstance, warrant/sign/exigent or not, would NOT need disarm (heed the sign).

Furthermore...

Are police officers allowed to carry open guns into places that don't allow it? What about on/off duty officers?

If the owner doesn't consent to search, and the police come in anyway, with a gun, what happens?

Then irregardless of the gun, it's a question of whether the officers had the right to search, not whether the officers had a gun.

Will the police officers voluntarily disarm themselves?

For starters, this is a massive security issue and not only that, but it is typically a violation of nearly all municipal department policies all over the country. Each department maintains strict policies that typically state the officer must carry their "duty weapon" and at all times while on-duty. So this would pretty much void them not having a weapon and if they were off duty this wouldn't apply. If they were still on duty, but relinquished their firearm to come and talk, it still wouldn't make any difference in a court regarding search and seizure.

Do the police officers need to not have a gun to "Knock and Talk"?

No. If a property owner has a sign that says they do not want a firearm at a business or residence, then that's the owners preference and may help to convict in violation of certain law (for civilians), but typically states and federal laws that mention any form of "No Guns Allowed" signage, typically have clauses that excuse sworn police officers.

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  • I hate this answer, but I suspect it is correct. Whether I like something is orthogonal to its correctness.
    – emory
    Jul 30 '18 at 18:07

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