No-Knock Warrants: In certain cases, judges may allow authorities to enter a suspect’s home without announcing themselves — but since the death of Breonna Taylor, their use is coming under sharp scrutiny
A no-knock warrant, or no-knock raid, is a warrant signed off by a judge that allows police to enter a residence without prior notice, permission or express warning. Though the Fourth Amendment prohibits unreasonable searches of one’s home, a 1995 Supreme Court decision,, provided a loophole for unannounced police entry, making it OK if the officer’s safety was at risk or if there was a chance of evidence being destroyed.
Ostensibly, no-knock warrants are issued in cases where police are concerned about giving suspects time to destroy evidence once they arrive at their residence. “They are supposed to be used, rarely, in unusual cases where any announcement of presence would lead to loss of important evidence or harm to safety,” says Brandon L. Garrett, director of the Center for Science and Justice at the Duke University School of Law.
Signorelli says that ideally, even in cases where they’ve obtained no-knock warrants, police are supposed to provide some form of verbal self-identification while they are breaking the door down. In practice, however, this doesn’t always happen. And as was the case with Breonna Taylor, no-knock raids have been known to result in injury or death; residents can mistake the police for violent intruders, prompting them to resort to violence in self-defense as a result.
For this reason, many criminal-justice reform advocates have lobbied against the use of no-knock warrants. “I strongly believe that far more careful scrutiny is needed on how theseare used in practice,” says Garrett. “They should be used rarely and only with very, very strong support.
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