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      No-Knock Search Warrants: Policy vs. Law

      No-Knock search warrants are increasingly controversial in both practice and perception.  Tragic outcomes resulting from law enforcement’s use of No-Knock search warrants has fueled both a public policy debate and legal debate.  Minnesota is no exception to these debates as No-Knock search warrants are legal.  From a policy perspective, compelling arguments exist both for and against law enforcements’ ability to enter a dwelling without notice or warning to execute a search warrant.  Common law enforcement justifications for a No-Knock warrant include the safety of officers and preventing loss of evidence.  Arguments against No-Knock warrants focus on unjust use-of-force, including shootings of residents resulting in death and disparate impacts on our communities.

      According to the Minnesota Bureau of Criminal Apprehension published data, across Minnesota 185 No-Knock search warrants were requested in 2022.  Of those, 179 were approved by the reviewing judge – an approval rate of nearly 97%.  As an aside, no search warrant of any type is valid unless and until the warrant is: 1) sworn to under oath by the law enforcement authority, and 2) approved/authorized by a district court judge.  No Minnesota law requires the use of a No-Knock search warrant under any circumstances.  Applying for a No-Knock warrant is completely at the discretion of the law enforcement agent and/or department.  In other words, a policy choice.  Recently, some law enforcement agencies have made the policy decision to not use or request No-Knock warrants.  Similarly, a strong push was made during the last legislative session to change the law, and legally preclude all No-Knock search warrants across Minnesota.

      However, the effort to change the law and legally preclude No-Knock warrants was not adopted.  Rather, the Minnesota legislature settled on compromise language which more specifically details when, and under what circumstances, a No-Knock search warrant may be used.  The new 2023 language is found in Minnesota Statute 626.14, Subdivision 3, and requires (in part) increased evidentiary details which justify the issuance of a No-Knock warrant.  These new standards are certainly a reflection of evolving policy and decisions already made by some agencies.

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