END_THE_FED
Regular Member
That's why a professional organization like a police force NEEDS to be absolutely 100% sure of their target house, There should be no ifs, ands or butts on the certainty of it. If a police force is getting the wrong house on a warrant, then maybe they need to re-evaluate theirs career choice.
I look at it like this: In a case of apprehending a heavily armed and violent group of suspects, knocking prior to a warrant could be a death wish. It's basically alerting them to go grab their weapons to engage in a fire fight. I do not see how this in unconstitutional in any way if it comes by way of a court issued warrant and sufficient evidence shows that a no knock warrant is encouraged to help protect the lives of the officers.
The U.S. Constitution is designed to be interpreted. If the Supreme Court feels that no knock warrants are still within the realms of the Constitution and the 4th Amendment, then I see absolutely nothing wrong with that, as long as sufficient evidence is presented to suggest it's the only reasonable option.
The power should be given to the State's, and organizations like the DEA should be abolished, leaving full Federal Authority to the FBI.
I honestly see no constitutional problem for no knock warrants under the general circumstances of:
# Circumstances that present a threat of physical violence
# There is "reason to believe that evidence would likely be destroyed if advance notice were given"
# Knocking and announcing would be dangerous or "futile"
# However, the Court expressly stated that whether or not reasonable suspicion exists depends in no way on whether police must destroy property in order to enter
As long as absolute, credible evidence is provided to determine certainty on their target house.
However, we should also consider that a "no knock" situation may actually put LEO at more risk of harm.
If some cops kick a door down, the people inside might grab their weapons thinking that they are being attacked by other criminals. Most criminals are probably not going to wait for a target, but will just open fire through the walls.
Announcing your presence before hand, gives them a chance to give up. This may save the cops from having to get into a firefight and being shot, or accidentally shooting others in the house that aren't involved, or are trying to surrender.
This can be done safely, even in the situations you described where there is significant risk of the suspects intending to get into a battle with police.
I would say the biggest danger is to the LEO actually standing at the door knocking. To help this, they could first surround the house and then make announcements on a bull horn from a safe(er) distance. They could phone the house, they could put some sort of device at the door that will knock on it. This could be done with entry teams standing by.
There are ways to announce your presence and intentions without actually standing at the door knocking.