Posted on 06/11/2020 9:09:27 PM PDT by BenLurkin
Paul's legislation, titled the Justice for Breonna Taylor Act, would prohibit federal law enforcement from carrying out a warrant "until after the officer provides notice of his or her authority and purpose."
It would also apply to state and local law enforcement that receive funding from the Justice Department.
A proposal unveiled by House and Senate Democrats earlier this week would ban the use of no-knock warrants in federal drug cases and tie law enforcement funding to state and local agencies on a similar ban.
(Excerpt) Read more at thehill.com ...
These things came about in the drug days of the sixties and seventies. Watch old police shows and the police are always upset about the crooks getting off on technicalities and “flushing” the drugs down the toilet before the door was opened.
The no-knock warrant is a tool to give the police the upper hand (and the element of surprise) especially when weapons are involved. The problem is the number of times the wrong address is attacked and/or when innocents may be present.
Our system is designed to let a guilty man go free (beyond a reasonable doubt) so an innocent man will not be improperly imprisoned. Life and Liberty are precious rights and stripping an American Citizen of these rights is anathema to our system of Governance.
All of us boomers grew up seeing the Sherrif or Police knock on a door and state “open up in the name of the law” in order to announce their presence and give the suspect the opportunity to surrender to the long arm of the law.
Things have changed, drugs are stronger, profits are larger and drugs may even be state sponsored. Life is cheap on the streets and our police are looking for any edge to ensure they return home safely at night.
I don’t think doing away with no-knock warrants will solve our problems although I can support this bill. The true solution is to get out and meet our neighbors, become friends, and continue enlarging this circle until we become caring communities and see each other as God sees us. Only then will we love our neighbor as ourself and lift each other up to enjoy our Lif, Liberty, and pursuit of Happiness as intended in the Garden and in our Constitution.
Good.
This is a good thing.
Eliminating police and other public service unions would be another.
The U.S. Supreme Court effectively ended civil asset forfeitures last year.
In Texas, if law enforcement executes a no-knock raid and the residents kill a law enforcement officer, the odds of getting an indictment of the resident has decreased so significantly, I don't think they are used much.
Oh boy, what will the Clinton News Nutwork do? They won’t get any more “awards” for coverage of SWAT raids on citizens like Roger Stone.
I can’t support no knock warrants. Dangerous for police too! How many of us would respond with lethal force if someone suddenly rammed in our door?
I don’t care if they are shouting “police!” Anyone can shout “police!”
All the drugs would be “flushed” and computer data erased. Perhaps there should be a phone call first or share coffee and doughnuts?
The problem is that they also have the potential to go very, very wrong.
Next SWAT teams need to go. Peace officers never have a legitimate use for military weapons or explosives of any kind. Next peace officers should never posses military equipment or training of any kind and should never be allowed to wear any color uniform other than blue.
This may sound silly at first but militarization of police power is the reason we have arrived at the conflict that we have today.
Horrible idea.
Pursuant to Wilson v. Arkansas, 514 U.S. 927 (1995). a US Supreme Court case, law enforcement officers executing a search warrant may not immediately force their way into a residence. Instead, they must first knock and announce their identity and intent. Then, they must wait a reasonable amount of time to allow an occupant to open the door. Only after waiting may the police force entry. This “knock-and-announce rule” is one of the factors a court must consider in its reasonableness test.
Police may only disregard the knock-and-announce rule when it is reasonable to do so. In Richards v. Wisconsin, 520 U.S. 358 (1997), the Supreme Court held that a no-knock entry is justified when, under the circumstances, knocking and announcing their presence “would be dangerous or futile, or that it would inhibit the effective investigation of the crime.”
Many states already have laws stating the issuing magistrate must approve “no-knock” warrants in advance upon a showing of necessity.
Under federal law, 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.
My point...there are already checks and balances on the “no-knock” warrant issue. There are many times a “no-knock” is necessary. First and foremost is officer safety. But also, it can help preserve evidence from destruction.
Nope, they are never a good idea. It’s a relic of the War on (some) DrugsTM, because somebody might flush the evidence.
But it just gets cops and citizens killed.
Controlling borders and illegal immigration will do more for the WOD than no knock warrants ever will.
What is wrong with our current laws? Except FISA?
I agree. The militarization of police over the last fifty years should have never happened. Too many wannabe soldiers permeate police departments now who think they’re combatants instead of public servants.
These protests are mostly just an excuse to loot and an organized effort to get rid of Trump. Police abuse of power has been an issue for many years though, and it’s been directed against others far more than it has the black community.
how often are they NOT necessary? Roger Stone's house or Dennis Nathan Cain FBI whistle blower?
The only reason for a No-Knock IMO would be terrorism related, such as stopping an impending terrorist attack.
That’s right, knock and announce yourself...give the perps time to grab their weapons and shoot you, or to dispose of evidence, or to kill hostages.
BUT it should ONLY be used in appropriate circumstances.
Fun times in the 70s, approach the back door of a frat house, yell "Police, search warrant" and listen to all the toilets flush...
They sure won't be hollering "Home invasion"!
Back in the 1930s gangsters with Tommy Guns far outgunned police forces. Cops responded with heavier weaponry. Now they have to deal with ARs and MAC 10s.
That's not working out too good.
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.
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