Along with the qualified-immunity thing, there are calls to eliminate so-called “no knock” search warrants.
Again, the general public seems to think that these things are routine, and that police do this all the time.
Rather, they are quite rare. The officers must apply to a judge for this sort of warrant (just as with all warrants) and must provide evidence that the search team expects armed resistance and/or the imminent destruction of evidence if they announce their presence.
The idea is to “go in” hard enough to surprise and overwhelm any resistance and to prevent the destruction of evidence.
Almost always, this is in regards to drug trafficking.
Often, the intelligence about the state of affairs in the place to be searched comes from confidential informants, or actual surveillance of the premises.
What’s problematic is when mistakes are made, and they can be tragic, as in the Taylor case. Wrong address, usually. There have been similar cases... In one I recall from years back, police got intelligence to the effect that a local man had been “stockpiling” weapons. They decided on a no-knock entry, and rather foolishly sent in “plainclothes” agents from the ATF. (The ATF has a rather problematic history in this regard)
The resident, who was actually a collector of antique, black-powder firearms, assumed the individuals were a home-invasion crew and fired on them.... And was shot and paralyzed by the agents.
If such tactics are eliminated, then police are left with limited options. If in fact the occupants are heavily-armed criminals, then announcing a search may lead to a prolonged armed standoff or barricade situation which can be very dangerous for all involved.
Some traffickers have setups which allow for the rapid destruction of evidence/product. They also often have sophisticated surveillance of their own, vicious dogs on the premises, etc.
I recall being involved not in a “search” but rather a “domestic disturbance” call at an apartment complex. Myself and another officer went to the specified apartment, at about 2AM, and there were indeed loud voices within.
We knocked on the door, announcing ourselves as “county police”, and the fellow inside immediately shouted out.... “I’ve got a gun, I’ll shoot!”
Turns out we had the right apartment number, but the wrong “unit”. All the units had identically-numbered apartments... The fellow was simply listening to his TV rather loudly.
Again, the general public seems to think that these things are routine, and that police do this all the time.
Rather, they are quite rare. The officers must apply to a judge for this sort of warrant (just as with all warrants) and must provide evidence that the search team expects armed resistance and/or the imminent destruction of evidence if they announce their presence.
The idea is to “go in” hard enough to surprise and overwhelm any resistance and to prevent the destruction of evidence.
Almost always, this is in regards to drug trafficking.
Often, the intelligence about the state of affairs in the place to be searched comes from confidential informants, or actual surveillance of the premises.
What’s problematic is when mistakes are made, and they can be tragic, as in the Taylor case. Wrong address, usually. There have been similar cases... In one I recall from years back, police got intelligence to the effect that a local man had been “stockpiling” weapons. They decided on a no-knock entry, and rather foolishly sent in “plainclothes” agents from the ATF. (The ATF has a rather problematic history in this regard)
The resident, who was actually a collector of antique, black-powder firearms, assumed the individuals were a home-invasion crew and fired on them.... And was shot and paralyzed by the agents.
If such tactics are eliminated, then police are left with limited options. If in fact the occupants are heavily-armed criminals, then announcing a search may lead to a prolonged armed standoff or barricade situation which can be very dangerous for all involved.
Some traffickers have setups which allow for the rapid destruction of evidence/product. They also often have sophisticated surveillance of their own, vicious dogs on the premises, etc.
I recall being involved not in a “search” but rather a “domestic disturbance” call at an apartment complex. Myself and another officer went to the specified apartment, at about 2AM, and there were indeed loud voices within.
We knocked on the door, announcing ourselves as “county police”, and the fellow inside immediately shouted out.... “I’ve got a gun, I’ll shoot!”
Turns out we had the right apartment number, but the wrong “unit”. All the units had identically-numbered apartments... The fellow was simply listening to his TV rather loudly.
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