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  • No knock raids

    I tried searching, but found nothing. If there is another thread on this, I apologize.

    It seems that there have been a few incidences where the police have conducted a no knock raid, and ended up in a shootout with the homeowners.

    http://www.msnbc.msn.com/id/10341708/
    http://www.bucyrustelegraphforum.com...02/1002/NEWS01

    I'm just curious as to some of the views on this tactic.

  • #2
    There is no such thing as a No Knock Warrant. But officers serving a warrant can enter the residence with out knocking if a officer safety issue arises or if the suspects could quickly destroy evidence. I think that if this is going to happen then you should have as much intel as possible.

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    • #3
      Originally posted by MCSO140
      There is no such thing as a No Knock Warrant. But officers serving a warrant can enter the residence with out knocking if a officer safety issue arises or if the suspects could quickly destroy evidence. I think that if this is going to happen then you should have as much intel as possible.
      Never mentioned no knock warrants.
      I was refering to no knock raids. Did they always have the ability to do this?

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      • #4
        No-knock entry is illegal in Michigan.

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        • #5
          Originally posted by Sabre
          No-knock entry is illegal in Michigan.
          I was under the impression that it was legal everywhere under the patriot act. Although I will fully admit that I might be wrong.

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          • #6
            Originally posted by lunchbox
            I was under the impression that it was legal everywhere under the patriot act. Although I will fully admit that I might be wrong.
            MCL 780.656 authorizes forced entry "after a notice of authority and purpose".

            It really doesn't matter how unrestrictive Federal law is, 'cause state law can always be more restrictive of the government (but not less).

            Also, the US Supreme Court has ruled in Wilson v. Arkansas, 514 U.S. 927, 115 S.Ct 1914 (1995), that the Fourthe Amendment requires police officers entering a dwelling to announce their identity and purpose before attempting forcible entry.

            Further rulings have held that entry without announcing identity and purpose (the "no-knock") will be reviewed on a case-by-case basis. In those cases, it must be shown by the state that knocking would have been either 1) Dangerous or futile, or 2) would have inhibited the investigation of the crime.

            I dunno what the Patriot Act says about not knocking, but I know it's contrary to Michigan law. Keep in mind, though, that the Feds can do things that the state agencies can not. For example, the Feds could execute a "no-knock" warrant in Michigan. They can also wire-tap (listen in on a phone line), which is illegal in Michigan even for the police.
            Last edited by Sabre; 04-13-2007, 12:28 PM.

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            • #7
              Doesn't matter if you are a civilian or police officer - if you are sitting at home and see the door fly open followed by a sea of heavily armed un-identified men you are going to open fire. Defending yourself from deadly attack by an unknown entity is instinct, and the reason people arm themselves at home and/or have CCW.

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              • #8
                Doesn't matter if you are a civilian or police officer - if you are sitting at home and see the door fly open followed by a sea of heavily armed un-identified men you are going to open fire. Defending yourself from deadly attack by an unknown entity is instinct, and the reason people arm themselves at home and/or have CCW.
                When the Police conduct No-knock warrants or raids, they will identify themselves, through clothing and verbal announcement. This way they reduce getting shot or shooting a homeowner.
                IGNORE LIST - Banastretarlton AKA "banana boy"

                "In the fields of observation chance favors only prepared mind"
                -----Louis Pasteur

                "Sweat in training saves blood on the battlefield."

                -------Col. David "Hack" Hackworth

                On my 7 year old 2nd Grade Class wall

                ------------YOU are RESPONSIBLE for YOUR OWN ACTIONS

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                • #9
                  Originally posted by lunchbox
                  Never mentioned no knock warrants.
                  I was refering to no knock raids. Did they always have the ability to do this?
                  No knock warrants and no knock raids are the same thing. You can't peform a "raid" without a warrant, except in some VERY narrow circumstances and those are never pre-planned. A judge can issue a warrant with a no-knock provision, but very few do. As mentioned, officers can move into a no-knock based on the circumstances of the situation. Also as Sabre said, there are several states that have made no-knocks unlawful regardless of circumstance.
                  Originally posted by kontemplerande
                  Without Germany, you would not have won World War 2.

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