To Knock or Not to Knock? No-Knock Warrants and Confrontational Policing

Authors

Brian Dolan

Document Type

Note

Abstract

(Excerpt)

This Note proceeds in three parts. Part I begins by explaining what no-knock warrants are and why they are used. Part I then addresses recent state legislative efforts to reform no-knock warrant use and argues that these efforts, however well-intentioned, are insufficient. Part I will also provide a brief history of how no-knock warrant use developed and gives an overview of the current status of state law regarding no-knock warrants. Part II argues that, contrary to the arguments of no-knock proponents, elimination of no-knock warrants and strict adherence to the knock-and-announce requirement is a more effective way to ensure the safety of both law enforcement officers and civilians. Part III proposes comprehensive legislation that state legislatures can adopt to protect the safety of law enforcement officers and civilians and to ensure that citizens’ civil liberties are respected. Part III argues that the most effective solution is for states to prohibit the use of no-knock warrants, require execution of traditional search warrants during daylight hours, and apply the exclusionary rule to knock-and-announce violations.