Course: Introduction / Procedural Law
A no-knock warrant is a special type of warrant that waives the knock-and-announce requirement.
No-knock warrants will only be issued if the authorizing magistrate determines that the usual rule would be dangerous.
A no-knock warrant is a special type of warrant that allows law enforcement officers to enter a person’s home without first announcing their presence or intent. Normally, officers must knock and announce their identity and purpose before entering a person’s home to serve a search warrant. However, in certain situations, law enforcement officers may seek a no-knock warrant if they believe that the knock-and-announce requirement would be dangerous or would likely result in the destruction of evidence.
The No-knock Warrant Debate
The use of these warrants has been the subject of controversy and debate, with critics arguing that they can lead to excessive force and violence and can infringe upon individual rights and liberties. Supporters of their use argue that they are a necessary tool for law enforcement in certain situations and that they can help to prevent dangerous situations from escalating.
The Process
In order to obtain such a warrant, law enforcement officers must present evidence to a judge or magistrate demonstrating that the knock-and-announce requirement would be dangerous or would likely result in the destruction of evidence. The judge or magistrate will evaluate the evidence and determine whether a no-knock warrant is necessary in the particular case.
SCOTUS On No-knock Warrants
The Supreme Court addressed the use of these warrants in the case of Richards v. Wisconsin (1997). In that case, the Court held that the use of such warrants must be evaluated on a case-by-case basis and that they must be based on specific and articulable facts that demonstrate a need for a no-knock entry. The Court emphasized that the use of no-knock warrants must be limited to situations where the knock-and-announce requirement would be dangerous or would likely result in the destruction of evidence.
Conclusion
Despite the limitations on the use of these controversial warrants, there have been instances in which they have been used inappropriately. Critics argue that the use of no-knock warrants can lead to excessive force and violence and can result in the unnecessary deaths of innocent people. Supporters of these special warrants argue that they are a necessary tool for law enforcement in certain situations and that they can help to prevent dangerous situations from escalating.
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- Dolan, B. (2019). To knock or not to knock: No-knock warrants and confrontational policing. John’s L. Rev., 93, 201.
[ Glossary ]
Last Modified: 06/30/2023