With the death of Amir Locke, no-knock warrants have once again been in the media spotlight. Critiques of no-knock warrants primarily center around the perceived danger in carrying out the warrants, both to the individuals listed in the warrants and the officers involved. But what is a no-knock warrant?
Minnesota Stat. 626.14 defines a no-knock warrant as a search warrant authorizing peace officers to enter certain premises without first knocking and announcing the officer’s presence or purpose prior to entering the premises. No-knock search warrants may also be referred to as dynamic entry warrants. Simply put, no-knock warrants are warrants that allow officers to enter without knocking and announcing their presence. Frequent uses of no-knock warrants include circumstances where the individual has a history of violence, drug cases where the individual may quickly dispose of the drugs between the officers knocking and entering, and hostage situations.
To obtain a no-knock warrant, the warrant application must include:
- A sworn affidavit;
- Why peace officers are seeking the use of a no-knock entry and are unable to detain the suspect or search the residence using a knock and announce warrant;
- What investigative activities have taken place to support issuance of the no-knock search warrant, or why no investigative activity is needed or able to be performed; and
- Whether the warrant can be effectively executed during daylight hours.
Three other caveats come with no-knock warrants. First, the chief law enforcement officer or designee and another superior officer must review and approve each warrant application. Second, a no-knock search warrant can only be issued for possession of a controlled substance crimes if there is probable cause to believe that the controlled substance is not for personal use. Third, there is a higher reporting standard for no-knock warrants, including injuries sustained during execution.
As with all legal issues, there are many nuances to no-knock warrants and the possibility for potential legal challenges. If you are charged with a criminal offense or concerned charges may be forthcoming, reach out to one of our attorneys to discuss your options.