Category Archives: Knock and announce

techdirt: Mississippi Courts Are Helping Cops Keep Search Warrants Out Of The Public’s Hands

techdirt: Mississippi Courts Are Helping Cops Keep Search Warrants Out Of The Public’s Hands by Tim Cushing (“No-knock warrants remain under fire as they continue to needlessly increase the death toll of residents who often have no idea who’s violently … Continue reading

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ProPublica: Mississippi’s Missing Search Warrants Prevent Scrutiny of No-Knock Raids

ProPublica: Mississippi’s Missing Search Warrants Prevent Scrutiny of No-Knock Raids (“No-knock warrants authorize police to burst into someone’s home unannounced. Search warrants are supposed to be filed at the courthouse, but they’re missing from many of Mississippi’s justice courts.”)

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NJ: Arrest warrant executed at home of third-party requires SW

Police entering defendant’s neighbor’s house to arrest him when he was visiting violated the Fourth Amendment. There was no exigency justifying it. State v. Bookman, 2022 N.J. LEXIS 678 (Aug. 24, 2022). Even if the knock-and-announce rule applies to entries … Continue reading

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M.D.Pa.: No QI for violation of knock-and-announce; fact question for trial

Defendant officers’ motion for summary judgment on qualified immunity for violating the knock-and-announce rule is denied. The law is well settled for 25 years and there are no blanket exceptions. The rest is fact bound. Murphy v. Grochowski, 2022 U.S. … Continue reading

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D.Mass.: No suppression remedy for no-knock violation, even if it happened that way

The government had sufficient justification for a no-knock warrant knowing defendant had three guns in the house. And, even if it didn’t, Michigan v. Hudson shows there’s no suppression remedy. United States v. Dexter, 2022 U.S. Dist. LEXIS 133497 (D. … Continue reading

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W.D.Va.: Knock-and-announce isn’t required when no one home

Defense counsel wasn’t ineffective for not challenging execution of the search warrant without knocking and announcing. First, the homeowner wasn’t there; he was in the hospital. Second, Hudson doesn’t permit that challenge under the exclusionary rule. Brown v. Clarke, 2022 … Continue reading

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WaPo: When the sheriff waged a war on drugs in a Mississippi county

WaPo: When the sheriff waged a war on drugs in a Mississippi county by Jenn Abelson and Reena Flores (“No-knock raids were the rule rather than the exception, and they led to serious allegations against the department. The sheriff defended … Continue reading

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WaPo: 5 takeaways from The Post’s investigation into no-knock warrants

WaPo: 5 takeaways from The Post’s investigation into no-knock warrants by Courtney Kan, Jenn Abelson, and Nicole Dungca (“After police killed Breonna Taylor in her home in 2020 during a botched raid, The Washington Post spent more than a year … Continue reading

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WaPo: No-knock raids have led to fatal encounters and small drug seizures

WaPo: No-knock raids have led to fatal encounters and small drug seizures by Nicole Dungca and Jenn Abelson WaPo: What to know about no-knock warrants by Courtney Kan (“Amir Locke and Breonna Taylor were killed while police executed no-knock warrants. … Continue reading

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Rawstory: ‘Outrageous’: Judges slam FBI for not breaking down rich suspect’s front door to preserve ‘aesthetics’

Rawstory: ‘Outrageous’: Judges slam FBI for not breaking down rich suspect’s front door to preserve ‘aesthetics’ by Matthew Chapman (argument video, too):

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WaPo: What to know about no-knock warrants

WaPo: What to know about no-knock warrants by Courtney Kan, Nicole Dungca, and Jenn Abelson (“No-knock raids, considered one of the most dangerous and intrusive policing tactics, have been at the center of a debate in recent years over police … Continue reading

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W.D.Tex.: A dog sniff on federal property was reasonable; MMJ not an issue

“Defendant argues that given the evolving laws regarding marijuana (and other cannabinoid products or derivatives), dog sniffs are increasingly becoming unreliable and therefore violative of the Fourth Amendment because dog sniffs cannot discriminate between contraband and marijuana that is legally … Continue reading

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NY: No-knock warrant execution creates “special duty” for NY negligence law

For purposes of NY negligence law, execution of a no-knock warrant creates a “special duty” between the police and the public. Ferreira v. City of Binghamton, 2022 NY Slip Op 01953, 2022 N.Y. LEXIS 392 (Mar. 22, 2022):

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N.D.Okla.: Misdemeanor arrest warrant permits forcible entry in this circuit

Plaintiff’s claim that a forcible entry for a misdemeanor warrant fails because this circuit has held for 25 years that Payton applies to misdemeanor warrants. Plaintiff does state a claim, however, for failure to knock-and-announce before entry. First v. Hokett, … Continue reading

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WaPo: Minneapolis suspends use of no-knock warrants as scrutiny of contentious police tactic mounts

WaPo: Minneapolis suspends use of no-knock warrants as scrutiny of contentious police tactic mounts by Kim Bellware:

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E.D.Mich.: No standing to claim knock-and-announce violation of another’s house

Plaintiff has no standing to complain of a knock-and-announce violation of another person. “Here, Plaintiff does not even claim that he had a legitimate expectation of privacy in McMullen’s house. But even if he did make such a claim, the … Continue reading

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The Crime Report: ‘Search Warrants Rot Law Enforcement’: Paper

The Crime Report: ‘Search Warrants Rot Law Enforcement’: Paper by Andrea Cipriano:

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NPR: Kentucky task force recommends search warrant changes after Breonna Taylor’s death

NPR: Kentucky task force recommends search warrant changes after Breonna Taylor’s death by Vanessa Romo (“Kentucky is another step closer to implementing search warrant reforms in the wake of the death of Breonna Taylor, who was killed by Louisville police … Continue reading

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W.D.Tex.: Case on taking key from a child for police to enter house will go to a jury; no exigency, no QI

Using key obtained from a teenage daughter’s bra, in handcuffs a block away, the mom and two other daughters get to present their case to a jury that police used the key to unreasonably enter the house without announcement. E.R. … Continue reading

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W.D.Va.: IAC claim over how to argue GFE fails

This 2255 petitioner argued his defense lawyer didn’t properly argue application of the good faith exception in the direct appeal, but doesn’t say how the case could have come out different. Also, the briefs and opinion on appeal show that … Continue reading

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