No knock warrants have been the object of a lot of controversy lately and are largely misunderstood by the public. As the name implies, these warrants allow law enforcement officers to get into an apartment without knocking on the door or following the procedures associated with a regular search warrant.
No-knock warrants are not given easily, however, and you must know what the rules are if you have been involved in a no-knock warrant-related incident. Let’s take a quick look at the history of no-knock warrants, their legality, and what your recourse is if you or someone you know has suffered injuries following one.
The History of No-Knock Warrants
No-knock warrants were first introduced during the Nixon era and, according to one of Nixon’s top aides, John Ehrlichman, they were intended to stop the rise of black civil rights groups and the anti-war movement. According to Ehrlichman, the administration planned to associate these groups with illicit drugs and target them under the veil of the War on Drugs.
The rationale for no-knock warrants is that they allowed law enforcement to prevent criminals from destroying evidence. No-knock warrants first got some push back but were enacted anyway and expanded under the Reagan administration.
What’s the Difference Between a No-Knock Warrant and a Regular Warrant?
The main difference between a no-knock warrant and a regular search warrant is that officers don’t have to announce themselves, but there are many others. Officers are also free of some of the restrictions of regular warrants such as having to come between 7 am and 8 pm and stating the reason for their presence, for instance.
Are No-Knock Warrants Legal?
Yes, they are entirely legal as long as they’re justified and you’re not in a state or city where they’re banned. Louisville, for instance, outlawed no-knock warrants after the killing of Breonna Taylor back in 2020. No-knock warrants are also illegal in states like Oregon, Virginia, and Florida. The Biden administration stated that they wanted to look into these warrants more closely and limit their powers for certain federal agents, but many have stated that the reform wasn’t strong enough.
What is Your Recourse if You Are a Victim of a No-Knock Warrant?
If you were named on the warrant and you indeed committed the crime that you have been charged with, then we’re sorry to tell you that you may not have any recourse if you’re in a state where these warrants are legal. However, if you were not named on the warrant or know that you are not guilty of the charges against you, then there’s a strong chance that you could get compensation, especially if you suffered an injury. The same goes if there was a death and you’re a member of the victim’s family. If you want to learn more about these cases and what you can do if you or someone related to you is a victim, this law firm specializes in cases of no knock warrants.
Getting injured after a no-knock warrant can be distressing, but know that there is a chance that you get retribution if there was any foul play. This is why you should seek legal help as soon as possible to look at your options.