No-knock warrant

No-knock warrant

In the US, a no knock warrant is a warrant issued by a judge that allows law enforcement officers 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 can be destroyed during 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.

The Department of Justice writes:

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.

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, Kentucky [1]. Raids that lead to deaths of innocent people are increasingly common; since the early 1980s, 40 bystanders have been killed, according to the Cato Institute in Washington, DC.[1]

Contents

Controversy

No knock warrants have been controversial for various reasons. Some consider them to be unconstitutional. In addition, there have been cases where burglars have robbed homes by pretending to be officers with a no knock warrant. In many cases, 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. [2]

Examples

  • Kathryn Johnston (c1914-2006) was an elderly Atlanta, Georgia woman shot by three undercover police officers in her home on November 21, 2006 after she fired one shot at the ceiling, assuming her home was being invaded. While the officers were wounded by friendly fire, none of the officers received life threatening injuries, but Johnston was killed by their gunfire.[1]
  • Two former Los Angeles Police Department officers, along with 13 others, have plead guilty to running a robbery ring, 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. This tactic led Radley Balko, editor of Reason Magazine, to complain "So not only can you not be sure the people banging down your door at night are the police, not only can you not be sure they’re the police even if they say they’re the police, you can’t even be sure it’s safe to let them in even if they are the police."[3][4][5]
  • Tracy Ingle was shot in his house five times during a no-knock raid in North Little Rock, Arkansas. 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 pulled him out of intensive care for questioning, after which they arrested him and charged him with assault on the officers who shot him.[6][7]
  • Ismael Mena, a Mexican immigrant, 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 unknown. 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 a no-knock raid.[8]
  • US Marine Jose Guerena was shot twenty-two times by a SWAT team planning to execute a search warrant. He retrieved a legally possessed rifle in response to sudden intruders, likely concerned for his family's safety, and the SWAT team opened fire on him before establishing any communication. The team later retracted its initial claims he had opened fire when it was established that Guerena had never fired and his safety was still on. No evidence of drug trafficking was found and Mr. Guerena had no criminal convictions. Members of the SWAT team subsequently hired legal defense and a large following of fellow Marines held a memorial service at his home with his widow.

See also

References

  1. ^ a b c "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. November 29, 2006. http://www.csmonitor.com/2006/1129/p03s03-ussc.html. Retrieved 2007-02-14. 
  2. ^ http://www.cato.org/pub_display.php?pub_id=6344
  3. ^ "Robbery Ring Disguised as Drug Raids Nets Convictions for Former LA Cops". Fox News. 2008-01-30. http://www.foxnews.com/story/0,2933,326885,00.html. Retrieved 2008-01-31. 
  4. ^ Balko, Radley. "Scalia’s New Professionalism Roundup". http://www.theagitator.com/2008/01/31/scalias-new-professionalism-roundup-2/. Retrieved 2008-01-31. 
  5. ^ "Release No. 08-067". http://www.usdoj.gov/usao/cac/pressroom/pr2008/067.html. Retrieved 2009-02-02. 
  6. ^ Balko, Radley (2008). "Tracy Ingle: Another Drug War Outrage". http://reason.com/blog/show/126284.html. 
  7. ^ Koon, David (2008). "Shot in the dark". http://www.arktimes.com/Articles/ArticleViewer.aspx?ArticleID=68509828-1566-472d-9a68-79f43b522950. 
  8. ^ Prendergast, Alan (2000). "Unlawful Entry". http://www.westword.com/2000-02-24/news/unlawful-entry/1. 

External links

Further reading


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