A man’s house is his castle as we’ve heard for hundreds of years…but in our day and age that adage does not seem to apply. Law enforcement are exercising what are known as “no knock warrants” more and more. In fact, the last 30 years there has been a significant increase in the amount of no knock warrants and with them an increase in the number of deaths of cops, suspects, and innocents.
Knock and Announce
The general rule for warrants is that law enforcement must knock and announce themselves before entering. This rule provides a level of safety to allow the occupant of the home understand who is at his door and that they are acting under the authority of a warrant.
No Knocks
The no knock warrant allows law enforcement to simply show up, bang down the door, and execute the terms of the warrant. The problem with no knocks is that they are extremely dangerous for both law enforcement and the occupants. Just in the last few months cops have been killed in Ogden, an old lady was traumatized in Salt Lake, and other incidents of no knocks have resulted in serious bodily injury to cops and home occupants.
Obviously if someone bangs down your door and several people pointing guns at you enter the home you are going to be distressed and may act to protect yourself. It’s really a stupid procedure to follow. No knocks should be ruled unconstitutional and illegal for the simple reason that they are too dangerous.
Valid No Knocks
In Utah, law enforcement can get a no knock warrant if they can show by way of affidavit that targeted evidence can be easily destroyed or if notice poses danger to anyone. So basically, anytime law enforcement is going after drugs they can do a no knock because the suspect can always flush the drugs down the toilet as they argue.
It’s ridiculous that people are getting killed over products adults voluntarily ingest into their bodies, but it is what it is.
If you have been arrested as the result of a no knock warrant call our Utah criminal defense lawyers at 801.618.1334.
if targeted evidence can be easily destroyed or if notice poses danger to anyone
