Is it time to end no-knock warrants?

[Bigcarlover]

While there are a couple legitimate reasons for no-knocks... it certainly poses many risks to the public. Not only have innocent people been shot, but some have been robbed using fake no-knock raids.

No-knock warrant - Wikipedia, the free encyclopedia

There's currently a petition to end no-knock warrants.

Stop No Knock Warrants in memory of Todd Blair | Stop No Knock Warrants in memory of Todd Blair! | causes.com

 

[desertrat12]

While there are a couple legitimate reasons for no-knocks... it certainly poses many risks to the public. Not only have innocent people been shot, but some have been robbed using fake no-knock raids.

There are VERY FEW good reasons for no knocks, but there is going to be one ____ of a uphill battle for LEOs to give up what they have fought so hard for in the courts, generally with our tax dollars. Yes a good LEO (not an oxymoron) getting injured or worse is not good, but the resulting mistakes and subsequent injuries and deaths for LEOs, those erroneously served and the public at large have to be weighed out.

Now the current scourge is seizing houses under color of law for stake outs a la Las Vegas.

 

[JCliff]

I don't think they should be eliminated, but they should have far greater restrictions placed on their use. The threshold before a judge could approve this tactic should be significantly higher, and be based on the type of criminal activity, its attendant probability of violent resistance, and the overall risk to the community if this tactic is not used. This kind of heavy-handedness and SWAT-style tactics are simply being used far too often, and even in benign conditions (the raid on Gibson guitars comes to mind). The penalty for raiding the wrong place should be ENORMOUS. There is no excuse for raiding the wrong place.

 

[Bigcarlover]

I don't think they should be eliminated, but they should have far greater restrictions placed on their use. The threshold before a judge could approve this tactic should be significantly higher, and be based on the type of criminal activity, its attendant probability of violent resistance, and the overall risk to the community if this tactic is not used. This kind of heavy-handedness and SWAT-style tactics are simply being used far too often, and even in benign conditions (the raid on Gibson guitars comes to mind). The penalty for raiding the wrong place should be ENORMOUS. There is no excuse for raiding the wrong place.

Kind of agree with you, except it still sets a bad precedence, and also becomes a slippery slope. Wouldn't be long until we were right back where we started. And the larger the penalty for screw-ups, the greater chance that attempts are made to cover up the mistake.

 

[farsidefan1]

As of now I'm the lone no vote. I agree with the response that they need to continue with MUCH greater scrutiny. There should NEVER be a mistaken address situation. If the cops knew they were going to be charged with breaking and entering I bet the "accidents" would stop. I think there are situations where it can save LE lives and lives of other innocents but errors are intolerable.

 

[Bigcarlover]

BTW, this is a private poll, you're vote will not be displayed on the poll.

 

[Deserteagle]

No knock warrants are harder for police to get already. Judges have the discretion in whether or not to sign off on them. Judges generally have enough common sense in deciding whether or not to sign one.

The cases of the wrong addresses being raided should clearly be fixed, but police are human, and no human goes without making mistakes. These warrants are rare compared to regular search warrants, and the mistakes in no knock warrants are even more rare, but they do happen.

Should they be banned? Nope. Are they dangerous? Yep. Enforcing laws is generally dangerous for everyone involved, welcome to living in human society.

 

[wolf_fire]

No-knock warrants should be utilized only for the use of highly dangerous criminals or criminals who could hide highly dangerous evidence quickly if a no-knock warrant were not being used.

I believe officers who break into the wrong house (including their superiors) should be penalized for doing so. Any LEO's that shot pets that clearly were not a danger should also be penalized.

These types of warrants should have great scrutiny because with great power comes great responsibility.