S.D.N.Y.: Affidavit for SW in large scale drug operation justified no-knock provision

The no-knock provision in this search warrant was justified by the affidavit in support of the warrant. United States v. Bryant, 2020 U.S. Dist. LEXIS 174793 (S.D. N.Y. Sept. 23, 2020):

Here, given that the FBI was investigating a large-scale narcotics trafficking operation, the Bryant Residence Affidavit provides sufficient factual basis to conclude that there was “reasonable suspicion” that “knocking and announcing” would jeopardize the investigation. Richards, 520 U.S. at 394. Moreover, regardless of the propriety of the issuance of a “no knock” warrant, or whether officers relied on such a warrant in good faith, the Supreme Court and Second Circuit have held that there is no basis to suppress, either under the Fourth Amendment or § 3109, evidence obtained for a violation of the knock and announce requirement. United States v. Acosta, 502 F.3d 54, 61 (2d Cir. 2007) (“a claim by a defendant that federal officers violated the knock-and-announce rule under either the Fourth Amendment or 18 U.S.C. § 3109 cannot form the basis for suppression of the evidence obtained in the ensuing search”); Hudson, 547 U.S. 586 (no basis for suppression under the Fourth Amendment). Accordingly, no evidence will be suppressed on the grounds of the “no-knock” provision.

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