Most Texas law enforcement agencies do not have written policies regarding execution of no-knock warrants, found a new report from the Texas Civil Rights Project. See coverage from:
Reported the Statesman, "The Austin-based group found that “there is a statewide custom of making
no-knock entries on less than reasonable suspicion.” Among 161
jurisdictions that responded to the Civil Rights Project’s request for
information about specific policies on when an officer can enter a home
to execute a warrant without knocking, only 53 said they had written
policies, according to the report."
RELATED: Rare self-defense finding by grand jury in no-knock raid resulting in deputy's death.
"Statism"
ReplyDeleteThe brilliant idea that we give a small group of people the right to Kidnap, Imprison, Harass, Steal from, and Kill People so that we can be Protected from People who Kidnap, Harass, Steal, and Kill People.
how true. I have a policy of my own. You knock. I no shoot your ass.
ReplyDeletebush in the door and jump though a window and I reserve the right to treat you like the jack booted thug you are.
A little known thing called the "castle doctrine" should have been reason enough to write one or re-write it if you already had one.
ReplyDeleteSome agencies, even on "no knock" warrants, utilize a police PA as they are (or slightly before) knocking in the door to clearly identify themselves as the "police." If neighbors can hear the word "police" then you have witness(es). In the event the warrant is executed during the night hours, police red/blue lights being activated as the house is being hit in combo with the PA should be used. Had either or both of the above techniques been used, I believe the guy who was no billed would have been indicted.
ReplyDeletesorry Elvis but using a PA in the same sec as you take the door is not a legal "announcement" at least as far as the USSC is concerned.
ReplyDeleteTherefore it's just another lieing bullshit tactic to make an illegal act legal and failing.
On an authorized "no knock" SW I would disagree w/ Rodsmith and say that the actions I previously stated at least clearly identifies the party as LE to the suspect location and others near the suspect location as the location is being hit under a "no knock."
ReplyDeleteWhat I mentioned (using red/blue lights and/or a PA) on a standard "knock and announce" SW would be insufficient to not wait. One needs to wait on a standard SW.
Using red/blue lights and a PA on MOST all SWs would be a great practice where LE is clearly identified as "Police."
funny so you think flashing your light 2 blocks up the street at 3am and using a pa at the same time you take the door is a legal "annoucment"
ReplyDeletebetter look at those ussc decisions again.
sorry but in my book the only legal time to use a "no nock" warrant is justified is if positive proof exists an immediate physical threat exists.
It is not a legal announcement for a standard SW...agreed on that point. Never said it was.
ReplyDeleteThe point I'm trying to make during a "no knock" is that it is better to use lights and the PA as near as possible to entry so that the suspect(s) and others around immediately recognize the actions are being taken by LE. It is a recommendation that could save lives on both sides. Not sure I can make that any clearer.
Rodsmith - Would you prefer that not happen? Again, I'm talking about a "no knock."
what I'm saying is that at 3:am it would be a useless waste of time.
ReplyDeletemost people are in bed.
better to stop the illegal "no-knock" unless an actual immediate danger can be proven by the police.
Grits
ReplyDeleteBrandon Daniel, they are asking for the death penalty for killing a pig are they going to ask for the death penalty for Willis(?), the bastrtop county deputy that shot and killed the innocent woman that answered the door that didn't have a weapon?