NO-KNOCK AND NIGHT-TIME SEARCH WARRANTS

No-Knock and Night-Time Search Warrants



Abstract

In this paper, we try to explore the concept of search warrant in a holistic context. The paper analyzes the importance and legality of search warrant and also discusses the concept of no-knock or night time search warrants. A search warrant is an order signed by a judge that legally entitles police officers to arrest or search for specific objects or materials at a definite location at a specified time. Police officers must attain a warrant by first presenting an affidavit to a judge or magistrate.

No-Knock and Night-Time Search Warrants

Introduction

Warrants are a controversial topic that affects both law enforcement and citizens alike. Under the Fourth Amendment to the U.S. Constitution, citizens are protected from unreasonable searches and seizures to both persons and property. Similarly, law enforcement officials must also comply with the requirements set forth in the Fourth Amendment to ensure a valid arrest or search and seizure. The issues surrounding warrants are complex, and even experienced officers can sometimes get confused in terms of the rationale behind some of the restrictions. For example, the simple stopping and questioning of a person could constitute the seizure of their person and could be considered a violation of their constitutional rights. Moreover, not all arrests and searches require a warrant; only incidents that the courts consider unreasonable or without probable cause are prohibited by the amendment.

Discussion

No-knock warrants have been controversial for various reasons. Some consider them to be unconstitutional. In many cases, armed homeowners, believing that they are being invaded, have shot at officers, resulting in deaths on both sides. While it is legal to shoot a homeowner's dog when an officer fears for their life, there have been numerous high profile cases in which family pets lacking the size, strength, or demeanor to attack officers have been shot, greatly increasing the risk of additional casualties in neighboring houses via over penetrating bullets.

A search warrant is an order signed by a judge that legally entitles police officers to arrest or search for specific objects or materials at a definite location at a specified time. Police officers must attain a warrant by first presenting an affidavit to a judge or magistrate. An affidavit is a written statement provided by an officer that states that there is probable cause to believe that criminal activity or evidence of a crime is at a specific location. Establishing probable cause has to be more than simple suspicion; it has to be based on supporting facts and circumstances that reasonably justify that an offense has been committed or where items can be found. The officer then presents the affidavit to the judge or magistrate and swears under oath that the statement is truthful. If the judge or magistrate is convinced of probable cause, then a warrant is issued. The warrant contains the reason for requesting the arrest or search, the names of the persons presenting the affidavits, what specifically is being searched for, and the signature of the ...