Banning the no-knock warrant
When the proposal of no knock warrants was first brought up, it was really controversial.
Breonna Taylor's case
the element of surprise can cause a suspect or innocent citizen who might have reacted calmly (or more calmly) to a knock and announce to instead react violently.
an officer might anticipate the danger of harm or evidence loss before going to a suspect's home and therefore ask a judge for a "no-knock warrant; Judges considering this type of warrant typically require proof that the police have a reasonable suspicion that announcing would be dangerous or result in the destruction of evidence.
can result in serious property damage and, worse, physical harm or death of suspects, officers, or innocent citizens.
The Court reasoned that the purposes of the knock-and-announce rule—such as physical safety, property preservation, privacy, and dignity—"have nothing to do with the seizure of the evidence."
Courts generally require that law enforcement wait a "reasonable" period of time between knock-announcement and barging into a home.
The "knock-notice" or "knock-and-announce" rule originates from the Fourth Amendment's protection against unreasonable searches and seizures
officers have unjustifiably violated the knock-notice rule
Under the knock-and-announce rule, police officers must generally announce themselves and either explicitly or implicitly request entrance into a home.
Police officers have to knock and announce themselves, then wait before forcefully entering a home.
Congress was concerned about mistaken raids or people who end up being the victims of those raids.
Amir Locke's case
No-knock warrants also face scrutiny for their impact on people's constitutional rights
Congress held hearings about these. And they actually ended up repealing it. Then, comes back in the '80s
the standard of proof to obtain a no-knock warrant is too low, and that the risk of entering the wrong residence is too high.
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a tool that strikes
terror in people’s hearts
Between 2010 and 2016, at least ninety-four
people died during the execution of no-knock search warrants,
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their execution involves a substantial risk of violence to both homeowners and law enforcements
shooting death of Amir Locke by a Minneapolis SWAT officer serving a no-knock warrant during a homicide investigation last week has prompted calls for an end to the practice
Court documents say that the apartment was leased to Locke's cousin, 17-year-old Mekhi Speed, who was a suspect in a January St. Paul homicide.