No knock warrant
Encyclopedia
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:
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
. 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.
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
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
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
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
Eastern Kentucky University
Eastern Kentucky University, commonly referred to as Eastern or by the acronym EKU by local residents, is an undergraduate and graduate teaching and research institution located in Richmond, Kentucky, U.S.A.. EKU is accredited by the Southern Association of Colleges and Schools...
in Richmond, Kentucky
Richmond, Kentucky
There were 10,795 households out of which 24.4% had children under the age of 18 living with them, 35.2% were married couples living together, 12.8% had a female householder with no husband present, and 48.6% were non-families. Of all households, 34.7% were made up of individuals and 8.8% had...
. 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
Cato Institute
The Cato Institute is a libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Edward H. Crane, who remains president and CEO, and Charles Koch, chairman of the board and chief executive officer of the conglomerate Koch Industries, Inc., the largest privately held...
in Washington, DC.
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.Examples
- Kathryn Johnston (c1914-2006) was an elderly Atlanta, GeorgiaAtlanta, GeorgiaAtlanta is the capital and most populous city in the U.S. state of Georgia. According to the 2010 census, Atlanta's population is 420,003. Atlanta is the cultural and economic center of the Atlanta metropolitan area, which is home to 5,268,860 people and is the ninth largest metropolitan area in...
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.
- Two former Los Angeles Police DepartmentLos Angeles Police DepartmentThe Los Angeles Police Department is the police department of the city of Los Angeles, California. With just under 10,000 officers and more than 3,000 civilian staff, covering an area of with a population of more than 4.1 million people, it is the third largest local law enforcement agency in...
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 BalkoRadley BalkoRadley Balko is an American libertarian journalist, blogger, and speaker.- Education :Balko earned a B.A. in journalism and political science in 1997 from Indiana University.- Employment and publications :...
, 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."
- Tracy Ingle was shot in his house five times during a no-knock raid in North Little Rock, ArkansasNorth Little Rock, Arkansasthe city was 62.55% White, 33.98% Black or African American, 0.41% Native American, 0.59% Asian, 0.03% Pacific Islander, 1.18% from other races, and 1.26% from two or more races...
. 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.
- Ismael Mena, a Mexican immigrant, was shot and killed by SWAT team officers in Denver, ColoradoDenver, ColoradoThe City and County of Denver is the capital and the most populous city of the U.S. state of Colorado. Denver is a consolidated city-county, located in the South Platte River Valley on the western edge of the High Plains just east of the Front Range of the Rocky Mountains...
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 CountyJefferson County, ColoradoJefferson County , whose slogan is the "Gateway to the Rocky Mountains", is the fourth most populous of the 64 counties of the State of Colorado of the United States. Located along the Front Range of the Rocky Mountains, Jefferson County is adjacent to the west side of the state capital, Denver....
District AttorneyDistrict attorneyIn many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
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 UnionAmerican Civil Liberties UnionThe American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
, and others, have objected to the Denver Police DepartmentDenver Police DepartmentThe Denver Police Department is the full service police department jointly for the City and County of Denver, Colorado, which provides the full spectrum of police services to the entire county, and may provide contractual security police services to special districts within the county.The current...
'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.
- US Marine Jose GuerenaJose Guerena shootingJose Guerena was a U.S. Marine veteran who served in the Iraq War who was killed in his Tucson, Arizona home, on May 5, 2011, by officers of the Pima County SWAT team, while they were conducting a forced entry search of his home....
was shot twenty-two times by a SWATSWATA SWAT team is an elite tactical unit in various national law enforcement departments. They are trained to perform high-risk operations that fall outside of the abilities of regular officers...
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. 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
- Knock-and-announceKnock-and-announceKnock-and-announce, in United States law of criminal procedure, is an ancient common-law principle, incorporated into the Fourth Amendment, which often requires law enforcement officers to announce their presence and provide residents with an opportunity to open the door prior to a valid...
- Door breachingDoor breachingDoor breaching is a process used by military, police, or emergency services to force open closed and/or locked doors. A wide range of methods are available, one or more of which may be used in any given situation...
- Sneak and peek warrantSneak and peek warrantA sneak and peek search warrant is a search warrant authorizing the law enforcement officers executing it to effect physical entry into private premises without the owner’s or the occupant’s permission or knowledge and to clandestinely search the premises; usually, such entry requires a...
- Pre-dawn raidPre-dawn raidA pre-dawn raid refers to a military tactic that involves a group of people, usually military personnel, raiding a location in order to gain an upper hand in combat, retrieve an important document or file, or capture a specific person...
Further reading
- Donald E. Wilkes, Jr., No Knock Search Warrants in Georgia (1996) & Explosive Dynamic Entry (2003) & SWATstika Policing (2006).