How Many More Must Die Before No-Knock Search Warrants Are a Thing of the Past in Minnesota?
In the early morning hours of February 2nd, Minneapolis Police Department SWAT Team Officers broke down the front door of an apartment in Minneapolis while a young man slept on a couch. They did this without knocking or letting anybody know they were coming through the door. In their hands were their weapons and a No Knock Search Warrant. What happened next was particularly brutal as the vest cam videos showed flashlights stabbing through the darkness to reveal the young man asleep while holding a handgun. As he slept, the Officers entered the room screaming, “Police! Search warrant!” Within seconds, the guest at the residence was dead, killed by officers firing rounds into his body. Three shots were fired. His name was Amir Locke and he was 22 years old and he was black. There is the headline - The Minneapolis Police Department shoots another Black Man. Sounds like a statistic but he was no statistic. He was somebody’s friend, somebody’s neighbor, somebody’s family.
The Justification for the No Knock Search Warrant
No Knock Search Warrants are complicated issues. The police normally seek such warrants for two different reasons. The first is to avoid destruction of evidence. In other words, the police claim that they are concerned that if they announce their presence, the people inside will destroy evidence, normally drugs. The second reason is guns. The police are concerned that if they knock on the door and say they are coming in, the police claim that the people inside will get guns and prepare to fight back. Therefore, for either one reason, the other reason or both, it is better to break down the door and come in. In the end, the police claim that it is about effectiveness and for police safety.
A Whole Series of Assumptions & Questions
The justification for a No Knock Search Warrant comes with a bunch of assumptions. For instance, this assumes anybody is actually destroying evidence in this particular case. Based upon what? This also assumes that they would arm themselves against the overwhelming force of the police? Again, based upon what? Many have argued that both police assumptions are not just false but actually do the opposite and make the situation far more dangerous. Some have even said that this is really just a bunch of Rambo wannabes fulfilling some odd law enforcement fantasy.
“This is just a bunch of Rambo wannabes fulfilling some odd law enforcement fantasy.”
These assumptions raise a whole series of other questions as well. What happens if the police get the wrong house? Can the people inside start shooting as soon as anybody busts through their front doors because they would understandably feel threatened? What if the police get the right house and the people inside don’t hear them? Can they shoot? What about if they are asleep like Amir Locke? Can they shoot? The police claim he had a gun. Does that in itself change to equation? If he wakes up, doesn’t hear somebody busts in, doesn’t he still have the right to defend himself? I should add, Amir Locke was not even named in the search warrant, was not committing a crime, had the right to possess the firearm and had the right to defend himself if attacked. After all, who is creating the emergency when the police break down the door without notice? And yet, Amir Locke is still dead.
Who Pays the Price?
In the end, that is the problem. If the officer seeking the No Knock Search Warrant is wrong, who pays the price? What if the Judge who signs it overreaches when she signs it? Who pays the price? If it’s the wrong house? If the resident doesn’t hear them? Doesn’t see them? Is asleep? At the same time, doesn’t this also needlessly place officers in the line of fire? In the end, isn’t it the very No Knock Search Warrant itself that creates the very circumstances where any of these scenarios could and would take place?
“Hasn’t the Twin Cities seen enough violence from police officers against the very people they are sworn to protect?”
Minneapolis decided to reconsider their approach to no-knock search warrants when they made some changes back in 2021. This was a huge deal because the City and police finally acknowledged that the use of such warrants was extraordinarily dangerous. In the past, Minneapolis has used No Knock Search Warrants on average 139 times every year. The potential for violence caused was and continues to be unnecessary. The potential for somebody innocent getting shot is obvious. It has certainly happened. And now, it has happened again.
It is time to outlaw No Knock Search Warrants, once and for all. The risk to all involved is simply too high. There are always less intrusive and less aggressive means that would be far more effective. Hasn’t the Twin Cities seen enough violence from police officers against the very people they are sworn to protect?
If you are facing serious criminal charges in St. Paul, Minneapolis, or anywhere else in Minnesota, it is critical to have an experienced criminal defense attorney by your side. Jack Rice is a former prosecutor, a Board Certified Criminal Law Specialist and the Founder of Jack Rice Defense. He has successfully fought No Knock Search Warrant issues. Contact Jack for a confidential consultation or call 651-447-7650 or 612-227-1339.