The Controversial History of the No-Knock Warrant

4/27/2022-Written by S.J.

No-knock warrants have been widely scrutinized, and widely utilized, since their inception. Most recently, the controversial police tactic has been the focus of a new wave of media attention after resulting in the high profile, officer-involved shootings of two young Black people–Breonna Taylor in Louisville and Amir Locke in Minneapolis—both of whom were innocent and both of whom died from their injuries. Now, communities across the country are fighting to outlaw no-knock warrants before more innocent people die.

What is a no-knock warrant?

A warrant is an order from a judge that gives authority to legal entities--in this case police officers–to conduct a search which would otherwise be a violation of the searchee’s rights. The U.S. Constitution's Fourth Amendment, which protects “against unreasonable searches and seizures,” also outlines a specific set of requirements which must be met in order for a warrant to be issued.

In the case of a no-knock warrant, police officers are granted the authority to enter a property without consent from the people inside the home and without announcing themselves until the moment they physically enter (if at all). Instead of knocking on the door, officers enter the home by force, often breaking down the door or kicking it in.

Why were no-knock warrants invented?

No-knock warrants were born out of the country’s “War on Drugs,” a term which President Nixon popularized in the early 1970s. The “War on Drugs” was intended to stop illegal drugs from being produced and distributed. It was the foundation for harsher drug policies and sentencing (almost all of which have resulted in people of color receiving more aggressive sentences for the same crimes as white defendants—but we’d need to dedicate an entirely separate article to that topic to even begin to do it justice) as well as the normalization of military intervention and the militarization of police. As a direct result of the “War on Drugs,” no-knock warrants, SWAT teams and raids became commonplace, as did riot gear for officers and its corresponding weaponry.

Well, that escalated quickly…

According to data compiled by researchers at Eastern Kentucky University, no-knock (and quick-knock) warrants were only executed about 1,500 times in the years after they were first legalized. By 2010 nearly 70,000 no-knock or quick-knock warrants were executed. The bulk of those warrants were searching for marijuana distribution.

The element of surprise

No-knock warrants are believed, by some, to be a strategic tactic because an unexpected entry creates less opportunities for the hiding or disposing of evidence—especially in cases of drug production or distribution. The element of surprise is amplified by the fact that no-knock warrants are often executed late in the evening or early in the morning when residents are likely asleep.

The obvious problem with no-knock warrants

When police officers violently burst into a home in the early hours of the morning, residents are awakened and assume, like anybody would, that their house is being burglarized and their lives are in danger. "If police do not successfully communicate their identity in the split-second when they kick down the door, they are likely to encounter gunfire from citizens who believe they are justifiably defending their homes from lawless intruders," Mark Silverstein, the Legal Director of Colorado’s ACLU, explained.

Additionally, no-knock warrants are in direct conflict with “stand your ground” laws and the “castle doctrine,” both of which allow victims of home invasions to use self-defense, even if deadly, to protect themselves and others in the home. Risky business when more than 40% of households in the U.S. own firearms.

No-knock warrants and race

The ACLU reported that well over half of the people subjected to the execution of SWAT-style search warrants are Black or Latinx, and, again, the majority of those warrants are for marijuana.

In the cases of Amir Locke and Breonna Taylor, neither one was named in the warrant that resulted in their death. Both were sleeping when the police arrived. Neither Locke nor Taylor were suspected in the alleged crime listed in the warrant.

Racial bias and ingrained bias must be considered when discussing no-knock warrants. When entering the home of a Black person, a white police officer might register that person as a threat more often than they would another white person, leaving the Black community and communities of color more at risk of losing their lives at the hands of a white police officer.

Mark Hanneman, the white officer that killed Amir Locke moments after bursting through the door of his cousin’s apartment, where he was asleep on the living room couch, later stated, "In this moment, I feared for my life and the lives of my teammates.” Hanneman continued, "I was convinced that the individual was going to fire their handgun and that I would suffer great bodily harm or death. I felt in this moment that if I did not use deadly force myself, I would likely be killed."

Benjamin Crump, who is the attorney for both Amir Locke and Breonna Taylor’s families, insisted during a news conference, "This is an epic failure of policy, and that failed policy killed Amir Locke.” He explained, "Warrants create chaotic, confusing circumstances that put everyone present at risk and those people are disproportionately marginalized people of color."

No-knock laws at the state and federal levels

Only four states in the entire country have current bans on no-knock warrants. However, those states-Florida, Oregon, Tennessee and Virginia-can not legally ban such warrants on a federal-level. Federal law enforcement does not have to adhere to state-level bans.

Individual cities can also create their own laws with regard to no-knock warrants. For instance, after the death of Breonna Taylor, her hometown of Louisville, Kentucky passed Breonna’s Law, banning no-knock warrants in the city, a move criticized as too little too late.

City and state no-knock laws aren’t always as straightforward as they might seem. Amir Lock, was killed during a no-knock raid in February of 2022, almost two years after the mayor of Minneapolis, Jacob Frey, announced he’d banned no-knocks, and a year after including the no-knock ban as part of his bid for reelection. Turns out Frey hadn’t banned no-knock warrants, he’d only restricted them. Earlier this month Frey again announced the banning of no-knock warrants in Minneapolis–except in certain (and likely subjective) circumstances, of course.

The “ban” comes two months too late for Amir Locke, who was killed as the result of a no-knock warrant at the young age of 22.

What to do next?

If you live in a city or state where no-knock warrants are still legal, contact your representatives and tell them banning the tactic is in the interest of public safety.