In the United States, the no-knock warrant is a warrant issued by a judge enabling law enforcement officials to enter the property without prior notice from the population, such as by knocking or ringing the doorbell. In many cases, law enforcement will identify themselves just before they enter the property by force. It is issued in the belief that whatever evidence they expect can be found at the time the police identify themselves and their time to secure the area, or in an event where there is a great perceived threat to the safety of the officers during the execution warrant.
Video No-knock warrant
English common law requires law enforcement to tap-and-announce at least since Semayne case (1604), and at Miller v. United States (1958), the United States Supreme Court acknowledged that the police had to give notice before entering forcibly. In US federal criminal law, the rules that generally require beats and announcements are codified on 18 U.SC Ã,§ 3109.
However, at Wilson v. Arkansas (1995) The Court created an exception to prevent the destruction of evidence and at Hudson v. Michigan (2006) The court, by 5 -4 votes, who holds an exclusive rule does not require the detention of evidence captured by police during illegal enforcement.
According to the US Department of Justice:
Federal judges and judges may legitimately and constitutionally issue a "no-knock" warrant in which the situation justifies a non-default entry, and a federal law enforcement officer may lawfully file an application for such warranty under such circumstances. Although officers do not need to take affirmative steps to independently verify the circumstances that the judge has recognized in issuing a warrant without being knocked out, the warrant does not authorize officers to disregard credible information that clearly negates the existence of an emergency when they actually receive such information before the execution of a warrant.
Non-determinable warrants may be issued in every state except Oregon (where state law prohibits non-knocking warrants) and Florida (where the 1994 Supreme Court decision prohibits ban on non-tapping). 13 states have laws that explicitly certify non-knocking warrants and in twenty additional countries, non-knocking warrants are routinely granted.
Maps No-knock warrant
Statistics
The number of taprous attacks has increased from 3,000 in 1981 to over 50,000 in 2005, according to Peter Kraska, a criminologist at Eastern Kentucky University in Richmond. The raids that led to the death of the innocent were increasingly common; since the early 1980s, forty observers were killed, according to the Cato Institute in Washington, D.C.
In Utah, an irrevocable warrants yields about 40% of all warrants served. In Maryland, 90% of SWAT placement is to serve a search warrant, with two-thirds through forced entry.
From 2010 to 2016, at least 81 civilians and 13 officers were killed during the SWAT attack, including 31 civilians and eight officers during the non-tapping warrant execution. Half of the civilians killed were minority members. Of those subject to the SWAT search warrant, 42% were black and 12% Hispanic. Since 2011, at least seven federal lawsuits against officials executing tap-free warrants have been settled over $ 1 million.
Controversy
No-knock warrants become controversial for many reasons. There are cases where robbers rob house by pretending to be an officer with a warrant without a knock. There are many cases where armed homeowners, believe they are being attacked, have shot officers, resulting in death on both sides. While it is legal to shoot a homeowner's dog when an officer is afraid of his life, there are many high-profile cases where family pets that have no size, strength or attitude to attack officers have been shot, greatly increasing the risk of additional casualties in a neighbor's home through a bullet excessive.
Telephone Case
In Cornelia, Georgia, a police informant alleged that he had bought 50 methamphetamine dollars from Wanis Thonetheva, a 30-year-old merchant in a house owned by his mother Amanda Thonetheva. Dealers do not live at home, which does not contain drugs or weapons, although a family with four small children lives at home. The Sheriff's deputy, Nikki Autry, got a warrant without a knock after waking the county judge at his home and making an inaccurate oath statement to him.
The police made a no-knock attack, near dawn at 2:25 am, with the SWAT team breaking the door with a ram and throwing a flashing grenade into a room with a 19-month-old child. The grenade explodes in a baby cradle, lit the crib and cushion, causing "blast burns on the face and chest, complex laceration of the nose, upper lip and face, 20% of the upper right lobe missing, the external nose separated from the underlying bone; and a large avulsion burns the wound in the chest with bruised lung and sepsis resulting
The baby was placed in a state of a medical coma, and required a series of operations that cost more than a million dollars, became the subject of a lawsuit against the police department to pay medical bills. The legal case states that children's toys, including plastic children's pools, are on the lawn and packs for baby-bed playmen next to the door broken by police, and the lawsuit alleges that the police were "completely incompetent" for failing knowing that the children are in the room.
Search does not produce drugs, no drug dealers and no weapons, and drug dealers are caught the next day without using flash-bang grenades.
Balko, Radley, The Rise of the Warrior Cop: Militarization of the American Police Force. Public Affairs, 2014.
- Donald E. Wilkes Jr., No Knock Find Warrant in Georgia (1996) & amp; Explosive Dynamic Entry (2003) & amp; SWATstika Policing (2006).
- Epstein, Dimitri (2009). "Police or Robbers How the Statute of Defense of Georgian Citizens Applies to Police's No-Knock Raids". Law Review of Georgia State University . 26 (2): 5.
Source of the article : Wikipedia
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