Recent from talks
Nothing was collected or created yet.
No-knock warrant
View on WikipediaIn the United States, a no-knock warrant is a warrant issued by a judge that allows law enforcement to enter a property without immediate prior notification of the residents, such as by knocking or ringing a doorbell. In most cases, law enforcement will identify themselves just before they forcefully enter the property. It is issued under the belief that any evidence they hope to find may be destroyed between the time that police identify themselves and the time they secure the area, or in the event where there is a large perceived threat to officer safety during the execution of the warrant.
Use of no-knock warrants has increased substantially over time. By one estimate, there were 1,500 annually in the early 1980s whereas by 2010 there were 60,000–70,000 no-knock or quick-knock raids conducted by local police annually, the majority of which were looking for marijuana.[1]
Amid nationwide protests in response to the police killings of Breonna Taylor and George Floyd, there were extensive calls to end no-knock warrants.[2] Critics argue that no-knock warrants were prone to lead to deadly use of force by police and the deaths of innocent people.[2] They also argue that no-knock warrants conflict with the right to self-defense, "stand-your-ground" laws, and the castle doctrine, which explicitly permit the use of deadly force against intruders.[2]
Currently, Florida, Oregon, Tennessee, Washington State,[3] Virginia, and Connecticut [4] ban no-knock warrants; however, state-level bans do not affect federal law enforcement. Thirteen states have laws explicitly permitting no-knock warrants, and the remaining states issue them based on a judge's discretion.[1]
History
[edit]The use of no-knock warrants is a product of the country's "war on drugs" launched by President Richard Nixon in the 1970s, which gained momentum in the 1980s under President Ronald Reagan and which as of 2024[update] is ongoing and widely viewed as a policy failure.[5][6][7][8] It is associated with the militarization of police.[1]
Legal authority
[edit]English common law has required law enforcement to knock-and-announce since at least Semayne's case (1604), and in Miller v. United States (1958), the Supreme Court of the United States recognized that police must give notice before making a forced entry.[9] In the U.S. federal criminal law, the rule generally requiring knock-and-announce is codified at 18 U.S.C § 3109.[10]
The 1963 Supreme Court ruling Ker v. California set a precedent in favor of forcible police entries involving drugs out of concern that evidence could be destroyed.[1] However, in Wilson v. Arkansas (1995) the Court created an exception to prevent the destruction of evidence. Richard v. Wisconsin in 1997 sought to add more clarification, allowing for no-knock searches when police have "a reasonable suspicion that knocking and announcing their presence, under the particular circumstances, would be dangerous or futile, or that it would inhibit the effective investigation of the crime by, for example, allowing the destruction of evidence," according to the ruling.[1] Both the 1995 and 1997 rulings allowed local and state judges a lot of discretion in determining what constitutes "reasonable suspicion."[1]
In Hudson v. Michigan (2006) the Court held by a 5–4 vote that the exclusionary rule does not require the suppression of evidence police seize during an illegal forced entry.[9]
According to the United States Department of Justice:
Federal judges and magistrates may lawfully and constitutionally issue "no-knock" warrants where circumstances justify a no-knock entry, and federal law enforcement officers may lawfully apply for such warrants under such circumstances. Although officers need not take affirmative steps to make an independent re-verification of the circumstances already recognized by a magistrate in issuing a no-knock warrant, such a warrant does not entitle officers to disregard reliable information clearly negating the existence of exigent circumstances when they actually receive such information before execution of the warrant.[11]
No-knock warrants may be issued in every state except Oregon (prohibited by state law),[9] Florida (prohibited by a 1994 state supreme court decision),[9] Virginia (prohibited through legislation passed in 2020),[12] and Tennessee (prohibited through legislation passed in 2021).[13] In Utah, a 2014 law prohibits no-knock warrants for cases involving only drug possession.[9][14] A 2021 law passed in Maine limits no-knock warrants to certain high-risk situations and requires the use of body cameras.[15] Thirteen states have laws explicitly authorizing no-knock warrants, and in 20 additional states, no-knock warrants are routinely granted.[9]
Reform
[edit]The act of entering someone's home by surprise, often late at night or early in the morning, creates a risk of violence, especially given the prevalence of gun ownership in United States.[1]
Proposals for reform include legislating for a checklist of conditions to be applied for all police search warrants: "with some exceptions, officers should be in uniform; they should do the raid during the day; and they shouldn't rely on out-of-date intelligence about who lives in a targeted home."[16]
In the wake of the Breonna Taylor shooting (March 2020) and the later (May–June 2020) George Floyd protests, the Louisville Metro Council unanimously voted on June 11, 2020, for "Breonna's Law", a ban on no-knock warrants in Louisville, Kentucky.[17] The state of Kentucky restricted but did not ban their use in a law signed on April 9, 2021.[18]
Statistics
[edit]The number of no-knock raids has increased from 3,000 in 1981 to more than 50,000 in 2005, according to Peter Kraska, a criminologist at Eastern Kentucky University in Richmond.[19] In 2010, Kraska estimated 60,000–70,000 no-knock or quick-knock raids were conducted by local police annually, the majority of which were looking for marijuana.[1] Raids that lead to deaths of innocent people are increasingly common; since the early 1980s, forty bystanders have been killed, according to the Cato Institute in Washington, D.C.[19]
In Utah, no-knock warrants made up about 40% of warrants served by SWAT teams in 2014 and 2015, usually for drugs and usually done at night.[9] In Maryland, 90% of SWAT deployments were to serve search warrants, with two-thirds through forced entry.[9]
From 2010 through 2016, at least 81 civilians and 13 officers died during SWAT raids, including 31 civilians and eight officers during execution of no-knock warrants.[9] Half of the civilians killed were members of a minority.[9] Of those subject to SWAT search warrants, 42% are black and 12% are Hispanic.[9] Since 2011, at least seven federal lawsuits against officers executing no-knock warrants have been settled for over $1 million.[9]
Controversy
[edit]No-knock warrants are controversial for various reasons. There have been cases where burglars have robbed homes by pretending to be officers with a no-knock warrant. There have been many cases where armed homeowners, believing that they are being invaded, have shot at officers, resulting in deaths on both sides. While it is legal to shoot a homeowner's dog when an officer fears for their life, there have been numerous high-profile cases in which family pets lacking the size, strength, or demeanor to attack officers have been shot, greatly increasing the risk of additional casualties in neighboring houses via overpenetrating bullets.[20]
Case of Bounkham Phonesavanh
[edit]On May 27, 2014, in Cornelia, Georgia, a police informant alleged that he had bought $50 of methamphetamine from Wanis Thonetheva, a 30-year-old dealer at a residence belonging to Amanda Thonetheva, his mother. The dealer did not reside at the house, which contained no drugs or weapons, though a family with four young children lived in the house.[21] Sheriff's Deputy Nikki Autry secured a no-knock warrant after awaking a county magistrate at his home and making inaccurate sworn statements to him.[9]
Police executed a no-knock raid at 2:25 am on May 28, with a SWAT team breaching a door with a ram and throwing a flash-bang stun grenade into a room containing a 19-month-old child. The grenade exploded inside the infant's playpen, igniting the playpen and his pillow, causing "blast burn injuries to the face and chest; a complex laceration of the nose, upper lip and face; 20% of the right upper lip missing; the external nose being separated from the underlying bone; and a large avulsion burn injury to the chest with a resulting left pulmonary contusion and sepsis".[22]
The infant, Bounkham Phonesavanh (or "Baby Bou Bou"), was placed in a medically induced coma, and needed a series of surgeries that cost more than a million dollars. He became the subject of a lawsuit against the police department to pay for the medical bills. The legal case argued that children's toys, including a plastic child's pool, were in the yard and the packaging for the playpen the infant was sleeping in was next to the door the police breached. The lawsuit alleged that police were "plainly incompetent" for failing to realize that a child was in the room.
The search yielded no drugs, no drug dealer and no weapons; the drug dealer was arrested the next day without the use of flash-bang grenades.
The civil lawsuit was eventually settled, with the county paying $3.6 million, including approximately $1.65 million in pain and suffering.[23] A Habersham County, Georgia, grand jury declined to indict any of the participants, but did release a strongly worded report.[9] Federal prosecutors then secured an indictment against Deputy Autry.[9] She was acquitted of any wrongdoing by a federal jury after a week-long trial.[9]
Case of Breonna Taylor
[edit]On March 13, 2020, Louisville Metro Police Department officers shot and killed Breonna Taylor in her apartment after being fired upon by Kenneth Walker, Breonna Taylor's boyfriend, while executing a search warrant shortly after midnight. Although the police had received court approval for a "no-knock" entry, they did knock and announce themselves prior to breaking down the door, according to Kentucky Attorney General Daniel Cameron.[24] However, Walker claims that he only heard banging on the door and no announcement.[25] Walker fired the first shot; Walker said he fired his gun due to not knowing the intruders were police.[26]
Walker was charged with attempted murder of a police officer but the charge was dismissed in May 2020.[26] On September 23, 2020, a grand jury indicted one officer for wanton endangerment for blindly firing shots that entered a neighbors' apartment, but no officers were charged in the death of Taylor.[27] On October 20, 2020, Jefferson County Circuit Court Judge Annie O'Connell ruled that grand jury records could be released, and jurors could speak to the public, after which a grand juror claimed that the grand jury had only considered the charge of wanton endangerment, and did not consider any charges related to the death of Taylor.[28]
Other examples
[edit]- In 1999, Ismael Mena was shot and killed by SWAT team officers in Denver, Colorado, who were performing a no-knock raid that was approved by a judge acting on false information contained in a search warrant. The police believed there to be drugs in the house, but no drugs were found on the premises, and it was later revealed that the address given to the SWAT team by officer Joseph Bini was the wrong one. Jefferson County District Attorney Dave Thomas investigated the matter and cleared the officers involved with the raid on the grounds that Mena had pointed a gun and fired it at SWAT officers, although who fired first remains in dispute. However, many have objected to the investigation's findings due to inconsistencies in the various officers' account of what happened. The American Civil Liberties Union and others have objected to the Denver Police Department's request for a no-knock raid and the judge's decision to allow such a raid, on the grounds that they failed to meet the criteria necessary for such an operation.[29]
- Two former Los Angeles Police Department officers, along with 13 others, have pleaded guilty to running a robbery ring from 1999 to 2001 which used fake no-knock raids as a ruse to catch victims off guard. The defendants would then steal cash and drugs to sell on the street.[30][31]
- Kathryn Johnston was a 92-year-old Atlanta, Georgia, woman killed by three undercover police officers during a no-knock raid on November 21, 2006. Assuming her home was being invaded, Johnston fired one shot through the front door which went over the officers' heads. Police fired 39 shots in response, five of which hit Johnston and some of which also hit the officers in an incident of friendly fire. One officer was later convicted for planting three bags of marijuana in the home; officers were also convicted on charges of manslaughter, making false statements, and conspiracy to violate civil rights resulting in death.[32][33]
- Tracy Ingle was shot in his house five times during a no-knock raid in North Little Rock, Arkansas in January 2008. After the police entered the house Tracy thought armed robbers had entered the house and intended to scare them away with a non-working gun. The police expected to find drugs, but none were found. He was brought to the intensive care, but police removed him from intensive care for questioning, after which they arrested him and charged him with assault on the officers who shot him.[34][35]
- In 2008, a SWAT team from Prince George's County, Maryland, conducted a raid at the home of Berwyn Heights resident Cheye Calvo after a package of marijuana was mailed to his house. Both of his dogs were shot during the raid and it was later determined that he had no involvement with the package that was sent. Police learned after entering the home and killing the dogs that Calvo was the mayor of Berwyn Heights, Maryland.[36]
- Hempstead, New York, settled claims by Iyanna Davis for $650,000 after police in May 2010 shot her in the breast during their accidental execution of a no-knock warrant on the wrong address. Officer Michael Capobianco explained that he had unintentionally shot the 22-year-old woman after he tripped. Prosecutors did not file charges against the shooter.[9]
- In 2013, Tucson, Arizona, agreed to settle claims by the family of Jose Guerena for $3.4 million after SWAT officers fired 71 shots in the seven seconds after their unannounced entry. Prosecutors did not file charges against the shooters.[9]
- A Burleson County, Texas, grand jury refused to indict Hank Magee for capital murder after he shot and killed a deputy sheriff inside his home during execution of a no-knock warrant on December 19, 2013.[37]
- In Killeen, Texas, a grand jury indicted Marvin Louis Guy for capital murder after he shot and killed a police detective outside his home during execution of a no-knock warrant on May 9, 2014.[37] However, in September 2022, Bell County District Attorney's office announced it was no longer seeking the death penalty against Guy.[38] On November 21, 2023, a jury found Guy guilty of murder, although they acquitted him of capital murder.[39][40]
- A Georgia SWAT team shot and killed an armed homeowner, David Hooks, during a September 2014 drug raid sparked by the word of a self-confessed methamphetamine addict and burglar who had robbed the property the previous day. David Hooks' wife, Teresa, looked outside and saw people with hoods on the evening of the raid and woke up her husband. Fearing the burglar or burglars who had struck two nights earlier had returned, Hooks armed himself. Despite the fact that the search warrant did not have a 'no knock' clause, the Drug Task Force and Special Response Team members broke down the back door of the family's home and entered, firing in excess of 16 shots. There is no evidence that David Hooks ever fired a weapon, nor was there any evidence he was involved in drugs. The Georgia Bureau of Investigation conducted an intensive 44-hour search of the property and came up with no contraband items.[41]
- In 2016, Framingham, Massachusetts, agreed to settle claims by the family of Eurie Stamps for $3.75 million after SWAT officers shot the 68-year-old in the back while he was compliant and lying on his stomach. Prosecutors did not file charges against the shooter.[9]
- In December 2016, a jury in Corpus Christi, Texas, acquitted Ray Rosas of attempted capital murder because it concluded that he was unaware the three home intruders he shot were SWAT officers. Prior to his acquittal, Rosas had spent 664 days in jail.[9]
- On January 28, 2019, in the Pecan Park area of Houston, Texas, Houston Police Department officers initiated a no-knock raid on a house, killing the two homeowners Dennis Tuttle and Rhogena Nicholas. Multiple officers were indicted for falsifying documents, including to obtain the no-knock warrant and to obstruct the ensuing investigation. One of these, the shooter, was charged with murder and admitted to planting false evidence at the crime scene.[42]
- On February 6, 2019, Milwaukee Police Department officer Matthew Rittner was shot and killed while conducting a no-knock raid. The shooter, Jordan P. Fricke, was charged with first-degree intentional homicide,[43] and later convicted and sentenced to life in prison.[44]
- On March 12, 2020, Duncan Socrates Lemp was fatally shot at his home in Potomac, Maryland, during a no-knock police raid by the Montgomery County Police Department's SWAT team.
- On February 2, 2022, 22-year-old Amir Locke was fatally shot by a Minneapolis Police Department SWAT officer executing a no-knock warrant in which Locke was not named as a suspect.[45] Prosecutors declined to charge the officers involved.[46]
- Due to errors or acting on bad or faulty tips without double-checking information, Chicago Police Department has raided many wrong addresses. This has adversely affected good will towards officers in the community and cost the city a lot of money[quantify] in legal settlements. While new search warrant policies have been implemented by the CPD, including mandatory pre-checks and additional supervisors, one victim said she still believes the police department has a long way to go, and is "traumatizing Black Chicagoans in the process".[47][48]
See also
[edit]References
[edit]- ^ a b c d e f g h Norwood, Candice (June 12, 2020). "The war on drugs gave rise to 'no-knock' warrants. Breonna Taylor's death could end them". PBS NewsHour. Retrieved December 20, 2020.
- ^ a b c Lovan, Dylan; Kunzelman, Michael; Sainz, Adrian (June 1, 2020). "Deadly police raid fuels call to end 'no knock' warrants". Associated Press. Retrieved June 17, 2020.
- ^ Bogel-Burroughs, Nicholas (May 19, 2021). "Washington State Enacts Police Reform a Year After George Floyd's Death". The New York Times.
- ^ "Police Transparency and Accountability Task Force Logistics Subcommittee 'No Knock' Search and Seizure Warrant" (PDF). cga.ct.gov. Archived (PDF) from the original on November 30, 2021.
- ^ Mann, Brian (June 17, 2021). "After 50 Years Of The War On Drugs, 'What Good Is It Doing For Us?'". NPR.
- ^ Lopez, German (January 30, 2017). "How the war on drugs has made drug traffickers more ruthless and efficient". Vox. Retrieved February 17, 2024.
- ^ Scherlen, Renee (January 4, 2012). "The Never-Ending Drug War: Obstacles to Drug War Policy Termination". PS: Political Science & Politics. 45: 67–73. doi:10.1017/S1049096511001739. S2CID 153399320 – via Cambridge Core.
- ^ Doward, Jamie (April 2, 2016). "The UN's war on drugs is a failure. Is it time for a different approach?". The Observer. ISSN 0029-7712. Retrieved February 17, 2024.
- ^ a b c d e f g h i j k l m n o p q r s t Sack, Kevin (March 18, 2017). "Door-Busting Drug Raids Leave a Trail of Blood". The New York Times. Archived from the original on November 10, 2017. Retrieved February 9, 2022.
- ^ United States v. McConney, 728 F.2d 1195, 1199 (9th Cir.) (en banc), cert. denied, 469 U.S. 824 (1984)
- ^ Philbin, Patrick F. (June 12, 2002). "Memorandum Opinion for the Chief Counsel, Drug Enforcement Administration" (PDF). Authority of Federal Judges and Magistrates to Issue 'No-Knock' Warrants. 26 Op. O.L.C. 44. Deputy Assistant Attorney General for the Office of Legal Counsel – via justice.gov.
- ^ Sanchez, Ray (October 28, 2020). "Virginia's governor signs legislation banning no-knock warrants". CNN. Retrieved November 22, 2020.
- ^ Campbell, Becky (August 4, 2021). "No-knock warrants banned in Tennessee, new use of force requirements added". Johnson City Press. Retrieved February 20, 2021.
- ^ Miller, Jessica; Wieber, Aubrey (January 14, 2018). "Utah cops would have to answer more questions before getting a no-knock warrant, under new proposal". The Salt Lake Tribune. Retrieved November 28, 2020.
- ^ Wade, Christian (June 30, 2021). "Maine limits use of 'no-knock' warrants by law enforcement". Washington Examiner. Retrieved August 13, 2021.
- ^ Kaste, Martin (November 27, 2020). "Movement To Limit Police Raids Looks Beyond 'No-Knock' Warrants". NPR.org. Retrieved December 20, 2020.
- ^ Willis, Jay (June 11, 2020). "Louisville Metro Council Bans No-Knock Raids Following The Police Killing of Breonna Taylor". TheAppeal.org. Retrieved September 23, 2020.
- ^ Treisman, Rachel (April 9, 2021). "Kentucky Law Limits Use Of No-Knock Warrants, A Year After Breonna Taylor's Killing". NPR.
- ^ a b Patrik Jonsson (November 29, 2006). "After Atlanta raid tragedy, new scrutiny of police tactics. Police are reviewing their use of 'no-knock' warrants after an octogenarian was killed after officers burst into her home". Christian Science Monitor. Retrieved February 14, 2007.
- ^ Balko, Radley (April 6, 2006). "No SWAT". Cato Institute.
- ^ Chen, Tina (May 30, 2014). "Baby in Coma After Police Grenade Dropped in Crib During Drug Raid". ABC News.
- ^ Sullum, Jacob (February 13, 2015). "Parents of Toddler Burned by Drug Warriors Demand Compensation". Reason.com. Retrieved September 23, 2020.
- ^ Asa J (February 28, 2016). "$3.6 Million Awarded In Flash-Bang Grenade Maiming Of Baby Bou Bou". copblock.org. Cop Block. Retrieved September 23, 2020.
- ^ "'The warrant was not served as a no-knock warrant,' Kentucky AG says". whas11.com. September 23, 2020. Retrieved September 24, 2020.
- ^ Oppel, Richard A. Jr.; Taylor, Derrick Bryson; Bogel-Burroughs, Nicholas (September 23, 2020). "What We Know About Breonna Taylor's Case and Death". The New York Times. Retrieved September 24, 2020.
- ^ a b Oppel, Richard A. Jr.; Taylor, Derrick Bryson (June 5, 2020). "Here's What You Need to Know About Breonna Taylor's Death". The New York Times. ISSN 0362-4331. Retrieved June 7, 2020.
- ^ "Grand jury indicts Brett Hankison in Breonna Taylor case, but no charges in her death". WZZM13.com. Louisville, Kentucky: WHAS. September 23, 2020. Retrieved September 23, 2020.
- ^ Li, David K.; Stelloh, Tim (October 21, 2020). "Juror in Breonna Taylor case said grand jury didn't agree fatal shooting was justified". NBC News. Retrieved October 22, 2020.
- ^ Prendergast, Alan (February 24, 2000). "Unlawful Entry". Denver Westword News.
- ^ "Robbery Ring Disguised as Drug Raids Nets Convictions for Former LA Cops". Fox News. January 30, 2008. Retrieved August 15, 2019.
- ^ "Release No. 08-067". usdoj.gov. US Department of Justice. Retrieved February 2, 2009.
- ^ "Ex-Atlanta officers get prison time for cover-up in deadly raid". CNN. February 24, 2009. Retrieved May 21, 2020.
- ^ Goodman, Brenda (November 23, 2006). "Police Kill Woman, 92, in Shootout at Her Home". The New York Times. Retrieved May 21, 2020.
- ^ Balko, Radley (May 7, 2008). "Tracy Ingle: Another Drug War Outrage". Reason (Hit & Run blog). Archived from the original on May 9, 2008.
- ^ Koon, David (April 24, 2008). "Shot in the dark". Arkansas Times. Archived from the original on May 10, 2008.
- ^ Witt, April (February 1, 2009). "Deadly Force". The Washington Post. Retrieved May 20, 2020.
- ^ a b Sack, Kevin (March 20, 2017). "Officers Killed in Murder or Self-Defense?". The New York Times. p. A1. Retrieved March 21, 2017.
- ^ "D.A. no longer seeking death penalty against Killeen man accused of fatally shooting detective during no-knock raid". KWTX-TV. September 15, 2022. Retrieved November 18, 2022.
- ^ Hilley-Sierzchula, Emily (November 12, 2023). "22 witnesses and counting: Testimony heard during first week of Marvin Guy Trial". Killeen Daily Herald. Killeen, Texas. Retrieved November 21, 2023.
- ^ Hilley-Sierzchula, Emily (November 21, 2023). "Jury: Marvin Guy 'guilty' of murder in fatal shooting of KPD detective during 2014 no-knock police raid". Killeen Daily Herald. Killeen, Texas. Retrieved November 21, 2023.
- ^ Balko, Radley (October 6, 2014). "Meet 59 Year Old David Hooks the Latest Drug Raid Fatality". The Washington Post.
- ^ Fieldstadt, Elisha (July 31, 2020). "Six former Houston police officers indicted in botched drug raid that left two dead". NBC News. Associated Press. Retrieved August 1, 2020.
- ^ "Jordan Fricke charged in shooting death of Milwaukee Police Officer Matthew Rittner". CBS58.com. Associated Press. February 10, 2019. Archived from the original on February 11, 2019.
- ^ Vielmetti, Bruce (October 3, 2019). "Fricke sentenced to life in prison with no chance of parole in killing of Milwaukee officer Matthew Rittner". Milwaukee Journal Sentinel. Retrieved November 18, 2022.
- ^ Karnowski, Steve; Forliti, Amy (February 4, 2022). "Parents: Amir Locke 'executed'; mayor halts no-knock entries". AP News. Retrieved February 7, 2022.
- ^ Jimenez, Omar; Parks, Brad; Nickeas, Peter. "No charges will be filed in fatal police shooting of Amir Locke, killed during no-knock warrant service". CNN. Retrieved November 18, 2022.
- ^ Wall, Craig; Horng, Eric; Kirsch, Jesse (December 18, 2020). "Woman whose home Chicago police wrongfully raided says she feared for her life, relates to Breonna Taylor". ABC7 Chicago. Retrieved December 20, 2020.
- ^ Jones, Zoe Christen (December 17, 2020). "'You've got the wrong house': Video shows Chicago police handcuffing innocent naked woman during raid on wrong apartment". CBS News. Retrieved December 20, 2020.
Further reading
[edit]- Balko, Radley (2014). The Rise of the Warrior Cop: The Militarization of America's Police Forces. Public Affairs.
- Donald E. Wilkes Jr, No Knock Search Warrants in Georgia (1996) & Explosive Dynamic Entry (2003) & SWATstika Policing (2006).
- Epstein, Dimitri (2009). "Cops or Robbers? How Georgia's Defense of Habitation Statute Applies to No-Knock Raids by Police". Georgia State University Law Review. 26 (2): 5.
- Dolan, Brian (2019). "To Knock or Not to Knock? No-Knock Warrants and Confrontational Policing". St. John's Law Review. 93 (1): 201–231. - Article 7
External links
[edit]- "No-Knock Warrants: How Common They Are And Why Police Are Using Them". NPR.org. June 12, 2020. Retrieved December 20, 2020., Interview with Radley Balko, an investigative journalist and the author of the book Rise of the Warrior Cop, about police using the so-called no-knock warrants.
No-knock warrant
View on GrokipediaDefinition and Legal Framework
Definition and Scope
A no-knock warrant is a judicially issued search warrant that authorizes law enforcement officers to enter a targeted premises without first knocking and announcing their presence and purpose, thereby bypassing the default "knock-and-announce" requirement embedded in Fourth Amendment protections against unreasonable searches and seizures.[1][14] This authorization is predicated on a showing of specific, particularized circumstances indicating that advance notice would likely endanger officer safety, permit the destruction of evidence, or enable suspects to evade capture, as opposed to a blanket categorical exception.[15][16] The practice derives from common law principles but has been constitutionally refined through U.S. Supreme Court rulings, such as Richards v. Wisconsin (1997), which rejected automatic no-knock approvals for drug investigations absent individualized justification, and United States v. Banks (2003), which assessed exigency based on the time required for evidence disposal relative to announcement.[14] The scope of no-knock warrants is confined to executing search warrants for felony investigations where exigent risks are demonstrably present, typically involving armed and dangerous suspects, volatile contraband like narcotics that can be rapidly flushed or destroyed, or situations where announcement would precipitate violence or flight.[2][16] Federally, while statutes like 18 U.S.C. § 3109 imply a knock-and-announce default, courts permit no-knock entries via warrant when affidavits establish reasonable suspicion of exigency, with federal judges empowered to issue them upon probable cause review.[16] At the state level, application varies: most jurisdictions mirror federal standards requiring judicial pre-approval based on affidavits detailing threats, but at least eight states, including Oregon and Virginia, have enacted bans or severe restrictions following high-profile incidents, such as the 2020 Breonna Taylor case in Kentucky, which prompted empirical scrutiny of their overuse in low-risk scenarios.[2] No-knock provisions do not extend to routine or administrative searches and remain subject to post-execution challenges if the justifying exigency proves unfounded, potentially rendering seized evidence inadmissible.[1] Empirical data underscores the narrow intended scope, with no-knock warrants comprising a small fraction of total search warrants—estimated at under 5% in some departments—but disproportionately linked to drug-related operations amid the War on Drugs era expansion.[17] Their use demands a higher evidentiary threshold than standard warrants, focusing on imminent harm rather than mere convenience, to balance law enforcement needs against resident rights to prepare for intrusion.[16]Constitutional and Statutory Basis
The constitutional basis for no-knock warrants derives from the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures and requires that warrants be supported by probable cause, particularly describing the place to be searched and persons or things to be seized. The knock-and-announce principle, rooted in common law, was incorporated into the Fourth Amendment's reasonableness inquiry by the Supreme Court in Wilson v. Arkansas (1995), holding that in most cases, law enforcement must announce their presence and purpose before forcibly entering a home to execute a search warrant, unless exigent circumstances justify an exception.[18] This ruling established knock-and-announce as a presumptive Fourth Amendment requirement applicable to the states via the Fourteenth Amendment, but not an inflexible rule, allowing deviations where announcement would be futile, dangerous to officers, or permit destruction of evidence. Subsequent Supreme Court decisions refined the criteria for no-knock entries, emphasizing a case-specific reasonableness standard over blanket exceptions. In Richards v. Wisconsin (1997), the Court rejected a categorical no-knock authorization for drug investigations, requiring officers to have reasonable suspicion of specific circumstances—such as risk of evidence destruction or officer safety—before forgoing announcement, thereby preventing lower courts from preemptively excusing the rule in high-risk scenarios like narcotics cases.[19] Similarly, United States v. Ramirez (1998) clarified that the Fourth Amendment's reasonableness test applies equally to no-knock entries involving property damage, without imposing heightened standards solely due to destructiveness, provided the underlying suspicion justifies the tactic.[5] In Hudson v. Michigan (2006), the Court held that violations of the knock-and-announce rule do not automatically trigger the exclusionary rule for suppressing evidence, as the primary aim is deterring unreasonable searches rather than punishing procedural lapses, further delineating the constitutional boundaries by prioritizing substantive Fourth Amendment protections over remedial suppression. At the federal statutory level, 18 U.S.C. § 3109 codifies the knock-and-announce requirement for executing search warrants, permitting officers to break open doors or windows only after identifying themselves and stating their purpose, unless circumstances make such announcement impracticable—such as imminent peril or evidence loss—which aligns with the constitutional exceptions articulated in Supreme Court jurisprudence. This statute, enacted as part of broader federal criminal procedure laws, applies to federal law enforcement and influences state practices but does not mandate no-knock warrants; instead, it authorizes judicial discretion based on affidavits demonstrating reasonable suspicion of exigency.[20] State statutory frameworks for no-knock warrants vary significantly, often mirroring federal standards while incorporating local criteria for judicial approval, such as specific showings of threat to officer safety or evidence integrity. For instance, many states require a magistrate to find reasonable suspicion via affidavit before issuing a no-knock provision, but post-2020 reforms in response to high-profile incidents have led to restrictions or bans in jurisdictions like Connecticut, Florida, Oregon, Tennessee, Virginia, and Washington, where statutes now prohibit no-knock entries except in narrowly defined emergencies.[2] In contrast, other states retain broader allowances tied to drug-related probable cause, reflecting ongoing tensions between constitutional reasonableness and operational necessities, though empirical data on state-level issuance remains inconsistent due to varying reporting requirements.[21]Criteria for Judicial Approval
Judicial approval of a no-knock warrant hinges on a case-specific demonstration that the standard knock-and-announce procedure would be unreasonable under the Fourth Amendment, as established by the U.S. Supreme Court in Richards v. Wisconsin, 520 U.S. 385 (1997).[4] In that ruling, the Court rejected blanket exceptions—such as those applied to drug investigations—and required law enforcement to present evidence via affidavit showing reasonable suspicion that announcing presence would endanger officer safety, permit destruction of evidence, or otherwise inhibit effective investigation.[4][1] This reasonable suspicion standard, lower than probable cause, evaluates whether specific facts in the warrant application justify bypassing announcement, such as prior violent resistance by suspects or indications of easily disposable contraband like drugs.[1][22] At the federal level, judges and magistrates may issue no-knock warrants when affidavits articulate circumstances warranting the exception, though the Federal Rules of Criminal Procedure do not explicitly authorize prospective no-knock provisions; instead, constitutional exigency governs post-hoc if not pre-authorized.[16][20] For instance, a 2002 Department of Justice memorandum affirmed that federal judicial officers can approve such warrants based on risks like armed occupants or evidence volatility, provided the application details why announcement poses a threat.[16] In practice, approvals often rely on police affidavits citing officer safety threats, such as intelligence on weapons or suspect aggression, though empirical reviews indicate judges infrequently deny requests meeting this threshold.[23] State criteria align with the federal constitutional floor but vary in stringency; for example, Illinois requires affidavits to show that notice would likely endanger officers, allow evidence destruction, or enable suspect flight, with probable cause for the underlying search.[24] Some jurisdictions impose additional safeguards, such as supervisory pre-approval or heightened probable cause for the no-knock element itself, while states like Oregon and Florida prohibit no-knock warrants outright, mandating announcement in all cases absent unforeseen exigency.[25] In contrast, jurisdictions without bans evaluate applications under the Richards framework, emphasizing factual specificity over generalized categories like drug offenses.[4] Judicial scrutiny focuses on the affidavit's particularized facts, not boilerplate language, to ensure the exception serves public safety without eroding Fourth Amendment protections.[26]Historical Development
Common Law Origins
The knock-and-announce principle, which forms the basis for exceptions permitting no-knock entries, originated in English common law as a safeguard for privacy and property rights during lawful intrusions into dwellings.[20] This rule required officers to announce their authority and purpose before forcing entry, affirming the longstanding view that "the house of every one is to him as his castle and fortress."[27] Historians trace its roots potentially to statutes as early as 1275, though it was explicitly articulated in Semayne's Case (1603), where the Court of King's Bench held that sheriffs executing writs must deliver a copy of the writ and demand entry peacefully, allowing forcible entry only after refusal or reasonable delay.[28][29] Even under common law, exceptions to the announcement requirement were recognized where exigency justified immediate entry, such as imminent danger to officers, risk of evidence destruction, or futility of announcement (e.g., if occupants were known to be absent or the door was already open).[30] These exceptions were not absolute but required reasonable grounds, determined on a case-by-case basis by officers in the field rather than pre-authorized by judicial warrant.[31] For instance, in cases of felony pursuit or where delay would enable escape or disposal of goods, unannounced forcible entry was permissible to balance enforcement needs against proprietary sanctity.[20] This framework influenced early American jurisprudence, embedding the default rule alongside flexible exceptions into Fourth Amendment interpretations, though statutory codification and judicial pre-authorization of no-knock entries emerged later in U.S. practice.[28] The common law origins thus prioritized reasonableness over rigid procedure, allowing deviations only when causal risks—such as evidence loss or violence—outweighed announcement's benefits.[30]Expansion in the 20th Century
The knock-and-announce principle, long established at common law, faced statutory erosion in the United States during the 1970s as legislatures responded to rising narcotics enforcement priorities. Prior to this period, no-knock entries were exceptional and typically justified only by immediate exigencies, such as imminent evidence destruction or threats to officer safety, without broad statutory codification.[3] The shift accelerated with the 1970 enactment of the District of Columbia Court Reform and Criminal Procedure Act (Pub. L. No. 91-358, 84 Stat. 473), which for the first time explicitly authorized federal judges to issue no-knock warrants for suspected narcotic offenses upon a showing of probable cause that announcement might enable suspects to escape, resist, or destroy evidence.[32][33] This federal precedent in the District of Columbia, part of broader crime control measures under President Nixon, prompted state-level adoption of similar provisions throughout the decade. By the mid-1970s, states including California, New York, and Texas had passed laws permitting no-knock warrants under analogous conditions, often tied to drug investigations where flushing contraband down toilets posed a documented risk.[2] These statutes typically required affidavits detailing specific threats, diverging from stricter common law standards that demanded actual exigency rather than mere possibility.[6] Senator Sam Ervin (D-NC) vehemently opposed the D.C. measure, warning during Senate debates that it risked "turning the clock back to the days of the Star Chamber" by eroding Fourth Amendment safeguards against arbitrary intrusions.[34] The 1980s saw further proliferation as the Reagan administration intensified federal drug interdiction, influencing local practices. No-knock warrants, once numbering around 1,500 annually nationwide in the early 1980s, became a standard tool in urban police departments for high-risk drug raids, reflecting tactical adaptations to volatile suspect environments.[35][36] Supreme Court rulings during this era, such as United States v. Banks (2003, but building on prior precedents), later clarified that brief waits post-knock could suffice in some cases, but the decade's legislative momentum had already embedded no-knock authority in over a dozen state codes by century's end.[2] The U.S. Supreme Court's 1995 decision in Wilson v. Arkansas constitutionally enshrined the knock-and-announce rule as an element of Fourth Amendment reasonableness, yet explicitly allowed exceptions—including judicially approved no-knock entries—when supported by a reasonable suspicion of exigency.[29] This late-20th-century affirmation, rather than curtailing expansion, provided doctrinal support for ongoing statutory frameworks, solidifying no-knock warrants as a fixture in American law enforcement by 2000. Empirical data from the period indicate their primary application in drug-related searches, where officers cited fears of evidence disposal as the predominant justification.[37]Influence of the War on Drugs
The War on Drugs, formally declared by President Richard Nixon in June 1971 and aggressively expanded under Presidents Reagan and later administrations, drove the proliferation of no-knock warrants through policies prioritizing rapid, forceful interventions against suspected narcotics operations. These tactics were rationalized by the high likelihood of evidence destruction—such as flushing drugs—and resistance from armed suspects, transforming no-knock entries from rare exceptions into standard practice for drug raids during the 1980s crack cocaine epidemic.[38][39] Federal incentives amplified this shift, including the 1981 Military Cooperation with Law Enforcement Act, which authorized military training and equipment sharing for civilian drug enforcement, and asset forfeiture laws that allowed police to retain proceeds from seizures, encouraging aggressive warrant executions.[6] Byrne Justice Assistance Grants further motivated local agencies by tying funding to drug arrest metrics, leading to a surge in SWAT-involved no-knock operations targeting low-level possession and distribution.[40][41] The U.S. Supreme Court reinforced this framework in Richards v. Wisconsin (1997), ruling that while no blanket exception exists for felony drug cases, the inherent risks in such investigations—evidentiary disposability and weapon possession—often suffice to justify unannounced entries without case-specific exigent circumstances.[4] This decision, contextualized by War on Drugs enforcement realities, lowered judicial barriers to approving no-knock warrants in narcotics probes. Empirical data from criminologist Peter B. Kraska's surveys reveal the scale: SWAT deployments for routine warrant service, mostly drug-related, rose from comprising about 20% of operations in the mid-1980s to over 75% by the early 2000s, with national estimates reaching 40,000–50,000 annual paramilitary raids by that period. These patterns underscore how War on Drugs imperatives causally linked policy-driven militarization to the normalization of no-knock tactics, despite limited evidence of proportionate gains in disrupting major trafficking networks.[42]Operational Justifications
Officer Safety Considerations
Proponents of no-knock warrants argue that they enhance officer safety by minimizing the time available for suspects to arm themselves, destroy evidence, or mount an ambush after hearing an announcement. This rationale stems from operational concerns in high-risk scenarios, such as raids targeting individuals with known access to firearms, histories of violence against law enforcement, or involvement in armed drug trafficking, where even a brief delay could enable defensive preparations. For instance, courts have approved no-knock entries when affidavits detail specific threats, like a suspect's prior assaults on officers or possession of loaded weapons near entry points.[2][43] Despite this theoretical justification, empirical data does not conclusively demonstrate that no-knock warrants reduce officer injuries or fatalities compared to knock-and-announce procedures. An analysis of forced-entry raids from 2010 to 2016 found that law enforcement officers accounted for 20% of fatalities in no-knock incidents, compared to 10% in standard knock-and-announce searches, suggesting potentially elevated risks due to factors like resident confusion and mistaken identity shootings. During this period, 13 officers were killed in such dynamic entries overall.[44][45][46] No comprehensive studies have quantified the impact of no-knock bans on officer safety outcomes, though jurisdictions implementing restrictions post-2020, such as Louisville after the Breonna Taylor incident, have not reported corresponding increases in police injuries during warrant executions. Professional tactical organizations, including the National Tactical Officers Association, have shifted toward caution, stating in 2022 that routine no-knock service fails modern risk-mitigation standards and recommending alternatives like dynamic containment or de-escalation tactics prioritizing officer and bystander safety over surprise entry. These positions highlight that while officer safety remains a core consideration for warrant approval, unannounced entries can exacerbate dangers through compressed decision timelines and perceptual errors.[46][43]Evidence Preservation Rationale
The evidence preservation rationale for authorizing no-knock warrants stems from the recognition that a required knock-and-announce procedure can provide occupants with sufficient time to destroy critical evidence, particularly in investigations involving easily disposable contraband such as narcotics. Under this justification, law enforcement may forgo announcement if there is reasonable suspicion that evidence destruction is imminent, as the delay inherent in knocking could enable suspects to flush drugs down toilets, discard items out windows, or otherwise eliminate prosecutable material before officers gain entry. This principle aligns with the Fourth Amendment's emphasis on reasonable searches, balancing the need to secure evidence against the intrusion of unannounced entry.[14] The U.S. Supreme Court incorporated this exception into constitutional doctrine in Wilson v. Arkansas (1995), ruling that while the common-law knock-and-announce rule informs Fourth Amendment reasonableness, it is not absolute and yields to exigent circumstances like the risk of evidence loss. The Court elaborated that such risks are especially acute in drug-related cases, where the nature of the evidence—small, portable, and quickly consumable—heightens the probability of rapid disposal upon detection of police presence. Subsequent affirmation came in Richards v. Wisconsin (1997), where the justices rejected a categorical exemption for felony drug searches but upheld no-knock execution based on specific indicators of destruction risk, such as a suspect's attempt to close a door on officers, thereby preserving evidence that might otherwise have been lost.[47][19] Despite its legal entrenchment, the empirical foundation for the evidence preservation rationale remains limited, with no comprehensive studies demonstrating that no-knock entries systematically recover greater quantities of evidence compared to announced ones. Analyses of raid outcomes often reveal instances where officers seize minimal or no contraband even after unannounced entry, suggesting that the tactic may not reliably avert destruction in practice and could reflect overreliance on assumptions about suspect behavior rather than verifiable probabilities. This gap underscores ongoing debates about whether the rationale sufficiently justifies bypassing announcement protocols, particularly absent data quantifying preserved evidence across warrant types.[46][8]Empirical Support for Necessity
Proponents of no-knock warrants cite the inherent risks in executing search warrants for easily disposable contraband, particularly narcotics, where delays from knock-and-announce procedures enable suspects to destroy evidence by flushing it down toilets or drains. A study of officer perceptions following policy shifts away from no-knock entries in drug searches found consensus among law enforcement that knock-and-announce tactics frequently result in the loss of criminal narcotics evidence, as suspects exploit the brief announcement period to dispose of drugs.[48] This aligns with judicial recognition in cases like Richards v. Wisconsin (1997), where the U.S. Supreme Court upheld no-knock entries in felony drug investigations due to the reasonable suspicion that drugs' volatile nature—such as cocaine's solubility and ease of disposal—necessitates immediate action to prevent destruction, based on patterns observed in drug enforcement operations.[49] Data on operational outcomes further underscores these concerns. An analysis of SWAT deployments from 2010 to 2013 across 11 states revealed that 62% involved drug searches, with 60% employing forced entry, reflecting the prevalence of no-knock tactics in scenarios where evidence preservation and officer safety are paramount.[35] In a review of forced-entry warrant executions from 2010 to 2016, no-knock raids were associated with 8 officer fatalities compared to 5 in knock-and-announce searches, but this disparity occurs amid higher-risk contexts, such as armed suspects, where announcement could provoke ambushes; conversely, civilian fatalities were lower in no-knock (31) versus knock-and-announce (47) incidents, suggesting that unannounced entry may mitigate reactive violence from alerted occupants.[45] Despite these indicators, comprehensive causal studies directly comparing outcomes remain scarce, with no peer-reviewed research definitively quantifying prevented destructions or averted assaults attributable to no-knock protocols.[46] Law enforcement justifications often draw from experiential data, such as departmental records of attempted flushes during announcements, which support the causal logic that announcement delays—typically 15-20 seconds—allow sufficient time for evidence disposal in plumbing-equipped residences. (citing general enforcement patterns in United States v. Banks, 2003). Annual estimates of 20,000 no-knock executions highlight their targeted use in such exigencies, where alternatives risk operational failure.[35]Usage Patterns and Data
Prevalence Across Jurisdictions
No-knock warrants are a practice largely confined to the United States, with national estimates indicating 20,000 to 80,000 such entries executed annually by local and state law enforcement.[50][51] Comprehensive tracking remains limited, as most jurisdictions do not systematically report data, leading to reliance on sporadic studies and departmental disclosures.[25] Where data exists, usage correlates strongly with drug enforcement; for instance, in select departments, up to 92% of narcotics search warrants authorize no-knock entry.[50] State-level variations reflect differing statutory frameworks, with 34 states historically allowing routine issuance under judicial discretion for officer safety or evidence preservation, while 12 impose heightened restrictions requiring specific exigent circumstances.[44] A minority have advanced toward bans: as of 2022, Florida, Oregon, Connecticut, Tennessee, and Virginia prohibited them outright, often prohibiting no-knock provisions except in narrow exceptions like imminent destruction of evidence.[44] By 2024, legislation in at least 29 states had enacted bans or further curbs, driven by post-2020 reforms.[52] Utah exemplifies partial data availability, banning no-knock warrants based solely on drug possession suspicions; state records show nearly 40% of all warrants issued in 2020 were no-knock, while SWAT deployments from 2014–2015 involved no-knock entries in about 38% of cases, predominantly nighttime drug raids.[46][53][54] Federal usage is less prevalent and legally ambiguous, as no-knock provisions lack uniform statutory codification but are sometimes authorized under exceptions to the knock-and-announce rule established in Wilson v. Arkansas (1995), with agents employing them in high-risk operations.[2] Local jurisdictions amplify disparities; in Minnesota, a 2023 state law mandating stricter justifications reduced no-knock executions by 79% in the first full year of enforcement (2024).[55] Conversely, pre-reform data from Maryland (until 2014) highlighted concentrated activity in urban counties like Baltimore and Montgomery, which accounted for the bulk of statewide no-knock servings.[21] Municipal bans, such as Louisville, Kentucky's post-2020 prohibition, have eliminated the practice in select cities despite permissive state laws.[56] Internationally, no-knock equivalents are uncommon, as common-law traditions emphasize announcement; in Canada, judicially approved "dynamic entries" typically require immediate police identification upon breach, diverging from U.S.-style unannounced forcible entries.[57] This U.S.-centric prevalence underscores the tactic's ties to domestic drug policy expansions rather than global norms.[58]Incident Outcomes and Fatality Statistics
A New York Times investigation of police and court records identified 81 civilian deaths and 13 officer deaths during forcible-entry raids, including no-knock warrants, from 2010 to 2016. These incidents often involved paramilitary-style tactics justified by perceived threats, though systematic national tracking remains absent, leading to potential undercounting.[46] A separate Washington Post analysis of no-knock executions since 2015 documented at least 22 civilians killed by police across 21 such warrants, with many cases involving disputed threat assessments or wrong-door entries.[59] Comparative data indicates elevated risks to officers in no-knock scenarios versus standard knock-and-announce warrants. Officers accounted for 20% of total fatalities in no-knock associated raids, compared to 10% in knock-and-announce executions, suggesting dynamic entries amplify mutual hazards through surprise and armed resistance.[44] Non-fatal outcomes frequently include minimal evidentiary yields; one review found 36% of no-knock searches uncovered no illegal drugs, while 50% yielded only trace amounts insufficient for major prosecutions.[50] Errors such as raids on incorrect addresses occurred in approximately 10-20% of documented cases, per aggregated incident reports, contributing to civilian injuries, property damage, and eroded community trust without corresponding public safety gains.[35]| Period | Civilian Fatalities | Officer Fatalities | Key Source Notes |
|---|---|---|---|
| 2010-2016 (Forcible Entries) | 81 | 13 | Includes no-knocks; dynamic tactics prevalent. |
| 2015-Present (No-Knocks Only) | 22+ | Not specified | Police-involved killings; underreporting likely.[59] |
