Breonna Taylor Settlement: What it means for No-knock Warrants

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Breonna Taylor Settlement: What it means for No-knock Warrants

U.S.A.-(AmmoLand.com)- In Louisville, Kentucky, the City has reached a settlement in the wrongful death lawsuit rising from the no-knock raid on Breonna Taylor's apartment. Breonna's boyfriend thought the raid was a home invasion. An exchange of gunfire through the door resulted in Breonna being killed on 13 March of this year.

The City will pay 12 million dollars and require reforms of police procedure.

The promiscuous use of no-knock warrants is incompatible with a legally armed society and the Second Amendment.

Louisville has mandated the use of body cameras in police raids, in response to Breonna's death.

8.1.18 ENTRY PROCEDURES All members of the search team will wear body armor and will be equipped with a Wearable Video System (WVS). Pursuant to Louisville Metro Code of Ordinances (LMCO) 39.069, no later than five (5) minutes prior to all search warrant executions, members will activate their WVS in recording mode and will not deactivate their WVS any sooner than five (5) minutes following the completion of the execution of the warrant (i.e. once all occupants are secured and the scene has been declared safe).

More search warrant reforms were required of the Louisville police. From the News Release from louisvilleky.gov:

Search Warrant Reforms

LMPD has amended its Standard Operating Procedure (SOP) 8.1 on search warrants to require a commanding officer to review and approve all search warrants, affidavits in support of search warrants, and risk matrixes before an officer seeks judicial approval for a search warrant. SOP 8.1 has been updated concerning the simultaneous execution of search warrants at multiple locations. The commanding officer of the unit initiating the warrants will act as the overall Incident Commander with a separate on-scene Commanding Officer at each warrant location who will serve as the Deputy Incident Commander for that location. SOP 8.1 has been updated to require the presence of EMS units and/or paramedics for forced entry search warrants.

The settlement includes reforms involving the police in local communities and to ensure greater accountability for forfeiture of currency, drug testing, and accountability for misconduct by police officers.

Section 8.1 of Louisville police procedures have been revised twice in recent months. It requires copies of warrants be provided at the beginning of a warrant service, and inventories of items seized left at the end of the search. Damages that occurred to property during service are to be photographed and documented. These have been common practices for a long period of time, and may already have been in effect in Louisville. Section 8.1 contains a requirement for at least one uniformed officer and one marked car at warrant service.

The 12 million dollar payment in the Louisville settlement should make cities and police departments across the country pay attention to no-knock warrants and the potential for bad outcomes.

The family of the Houston couple who were killed in a no knock raid last year, where police lied to obtain the warrant, and where several police face felony charges, have not reached a settlement yet. Both cases have received national attention.

Mayors, city council members, and police chiefs are not personally accountable for the funds. Taxpayers will pick up the tab.

Senator Rand Paul has proposed a federal ban on no-knock raids. From congress.gov:

This Act may be cited as the “Justice for Breonna Taylor Act”.

SEC. 2. Prohibition on no-knock warrants.

(a) Federal prohibition.—Notwithstanding any other provision of law, a Federal law enforcement officer (as defined in section 115 of title 18, United States Code) may not execute a warrant until after the officer provides notice of his or her authority and purpose.

(b) State and local law enforcement agencies.—Beginning in the first fiscal year beginning after the date of enactment of this Act, and each fiscal year thereafter, a State or local law enforcement agency that receive funds from the Department of Justice during the fiscal year may not execute a warrant that does not require the law enforcement officer serving the warrant to provide notice of his or her authority and purpose before forcibly entering a premises.

It is the bare skeleton of a law. It is not serious legislation. Some form of no-knock warrant has been in effect since the nation's founding. There needs, at minimum, to be definitions of what “provide notice” means in this context. There needs to be exceptions for the rare circumstances when a no-knock raid is reasonably justified. No knock raids need to be rare, as they used to be, not completely banned.

For his championship of eliminating no-knock raids, Senator Paul was vilified and threatened by an angry mob as he and a few others walked from the White House to their hotel. From heartlanddailynews.com:

As Paul explained, “They were shouting threats to us, to kill us, to hurt us, but also threats saying shout, shouting ‘say her name,’ Breonna Taylor, and it’s like you couldn’t reason with this mob, but I’m actually the author of the Breonna Taylor law to end no-knock raids, so the irony is lost on these idiots that they’re trying to kill the person who’s actually trying to get rid of no-knock raids.”

Paul added, “I truly believe this with every fiber of my being, had they gotten at us they would have gotten us to the ground, we might not have been killed, might just have been injured by being kicked in the head, or kicked in the stomach until we were senseless.”

The riots and destruction of property across the nation are the exact opposite of a return to the rule of law which Rand Paul champions.

The widespread use of digital recording devices will accelerate the risk of no-knock raids for cities and police administrators. Police agencies have lost much of the ability to cover up and paper over problems and corruption.

The reforms forced on Louisville and Houston police departments set examples for pro-active departments. Departments that do not reform will face greater scrutiny if and when no-knock warrants are involved in future tragedies. No-knock warrants may start to go out of style, as they came into style.

The current Antifa/BLM mob tactics to de-legitimize and defund the police have the opposite effect. The more police are de-legitimized, the less likely they are to adopt no-knock reforms.

Senator Rand Paul was credibly threatened, even though he has been the foremost champion of no-knock warrant reform legislation in Congress.

If the mob had a clue, they would have praised Paul for his strong support of the very law they want passed. However, the throng of imbeciles who tried to do harm to Paul have little knowledge about such things. They are, in general, all about sowing chaos and division—not solutions and unity.

No-knock warrants are likely to be reduced and restricted. They will not be completely outlawed. Reforms that mandate strict requirements for the issuance of no-knock warrants are the most likely outcome, on a city by city basis.


About Dean Weingarten:Dean Weingarten

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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Get Out
Get Out
29 days ago

Red flag laws and no knocks should be shelved as a very, very bad idea.

Mikial
Mikial
1 month ago

The era of seeing the police as infallible when they execute a warrant needs to be long over. There have been a great many cases of police breaking into the wrong address or getting warrants under very questionable or even dishonest methods. Any police officer breaking into an innocent person’s home should be liable to criminal penalties and the home owner should have the legal right to defend themselves from the intruder. I am a former probation officer and my son is a former deputy sheriff and we both left because we saw the rot in law enforcement.

toomanyhobbies
toomanyhobbies
1 month ago

no knock is just a really bad idea, take 1 informant bartering a deal and making up stuff = innocent people in harms way…

TexDad
TexDad
1 month ago

Restricted but not completely outlawed? Have to disagree there. There is absolutely no one breaking into my home that will not be met with bullets, regardless of what they shout when they do it.

No knock warrants are dangerous for innocent occupants, criminals, good cops, and bad cops alike.

End them.

(Also see DB’s comment. Truth.)

Don
Don
1 month ago

Don’t you mean Senator RAND Paul? Former Congressman Ron Paul doesn’t have much influence anymore.
Very few NO-knock warrants should be issued. All police need to wear readily identifiable clothing or raid vests with “POLICE” or “SHERIFF” or “MARSHAL” markings. Don’t let cops do raids without special clothing, no more blue jeans and t-shirts. It is bad police work to not dress properly and to not announce their presence.

Deplorable Bill
Deplorable Bill
1 month ago

Let me take this a bit further. In Phoenix there is/was a group of home invaders who actually wear police uniforms, badges, sidearms and radios. Trees are judged by their fruit. Meaning, if you come to my home in the middle of the night, break down my door I will have to deal with you as the terrorist/home invader/cartel operator etc that you are no matter who you say you are. I can and will defend my family, my friends and neighbors, my co workers, the innocent guy on the street, myself and my property. Yes I have taken lives… Read more »

Tionico
Tionico
1 month ago

with all today’s electronic toys and gadgets, and crazy fast/efficient communication devices, not to mention tracking bugs, ther IS no reason no knock warrants are even used. Having read all the song and dance Goines (Houston no-knock double homicide based on falsified drug “buys” fake evidence, drop bags of junk, etc) went through to get those two killed, it seems that the real change needs to be in HOW the coppers go about identifying and catching such criminals. They have the tech, just too lazy to really use it. Once in a while we learn of a case where LE… Read more »

uncle dudley
uncle dudley
1 month ago

Ammoland you need to block these spammers with their bullshit make money fast from your computer statements.

Mudhunter
Mudhunter
1 month ago

Police reforms are coming, and way overdue. Police are, or should be part of the community. They are not mercenaries hired from another country that have no loyalty, love or concern for their fellow citizens. Police are delegated by us, as fellow citizens, with certain authorities and deadly force capabilities to represent us in public safety matters and catching criminals. Nothing more. They are not mafia, gangs, elitists, an exclusive club, jack boots, bullies or anti-Constitutional bigots. Nor are they arbitrators of liberty, discrimination, favoritism, or cronyism. They are flawed people like the rest of us. So courteousness and even… Read more »

StLPro2A
StLPro2A
1 month ago
Reply to  Mudhunter

A little Police Reform needed maybe?? A lot of Defective Citizen Reform will essentially make the need for Police /reform go away.

Some guy
Some guy
1 month ago

I love the part about the rioters (terrorists) not knowing what Rand Paul is doing. THEY DON’T CARE. These are communist revolutionary cells, they aren’t going to be stopped without American bullets, and American blood. Stop with the voting nonsense, they are going to cheat, they already told you how they are going to do it. The election is irrelevant now, it’s time to fight for your life, and your families lives.

UncleT
UncleT
1 month ago

*Rand* Paul? I agree with many of these reforms. Cops just can’t kill UNARMED people in their own homes and just get suspended, some are paid leave, while the govt investigates itself. There should be independent investigations. You and I would be hand cuffed and thrown into a cage until it was “sorted out”. And good cops? Tell me, are they good cops when they come into a bar a threaten Americans if they take another drink of beer they will be Thrown into a cage for not complying with an unconstitutional ORDER of a time bar curfew by a… Read more »

Buster
Buster
1 month ago
Reply to  UncleT

The battle lines are being drawn as we speak. LEO’s will have some decisions to make, and they’ll be making those decisions very soon.

Don
Don
1 month ago
Reply to  UncleT

Where do you find TRAINED independent investigators to investigate the police?

Xaun Loc
Xaun Loc
1 month ago

None of these reforms will have any significant effect on the ground. The vast majority are good cops who will still obtain proper warrants based on real probable cause and will still serve those warrants honestly and properly. The handful of bad cops will still obtain warrants by lying or using questionable paid informants. Not calling the warrant “No Knock” just means the team will announce “Police, Search Warrant” while the battering ram is swinging towards the door in the middle of the night when everyone is asleep. Most of those bad cops don’t think they are doing anything wrong… Read more »

WI Patriot
WI Patriot
1 month ago

Well, there ya go…there are your “reparations”, don’t forget to share and don’t spend it all in one place(crack corner), because that’s all there is, and you aren’t getting any more…

Buster
Buster
1 month ago
Reply to  WI Patriot

And I don’t feel $12M is enough. What is the dollar value of *your* life? Or that of one of your grandchildren?

Entering a residence the way they did will have negative consequences probably 75% of the time. This likely outcome should have been weighed against the crime(s) alleged, and LE failed to do this.

There are way too many hard-dicks and wannabe warriors in law enforcement.

2ndAmend
2ndAmend
1 month ago

I always enjoy reading the articles. Informative and thought provoking. But why does some one always have to spread false hoods with misinformation n their comments?

hippybiker
hippybiker
1 month ago

The media and crooked politic have conspired to warp the truth in this matter. It has come to. Y attention that the police did knock and Taylor’s boy friend opened fire thru the door. Also, the warrant was for Taylor’s arrest for drug dealing! The media claims she was an EMT. She was at one time but she was fired from her job for drug dealing. Look it up. She was scum and that’s why the police were after her. A 12 million dollar settlement is a slap to the face of the taxpayers!

tortugabob
tortugabob
1 month ago

No knock raids are a crime against the Constitution. The sooner they are banned altogether the better off this nation will be. The police should serve warrants during daylight hours unless there is an eminent danger to innocent life.

Camotim
Camotim
1 month ago

Irony is that BLM physically attacked Senator Paul over Breonna Taylor.

Some guy
Some guy
1 month ago
Reply to  Camotim

BLM are marxist terrorists, they don’t care about what legislation he has put forth, none of that matters to the red guard.

Mudhunter
Mudhunter
1 month ago
Reply to  Camotim

BLM, the organization is Marxists group and uses chaos and agitation to further their goal. Attacking a strong proponent of the Constitution shouldn’t be surprising given that their mission statement includes undermining western culture and the nuclear family.

RobSF
RobSF
1 month ago

Senator Rand Paul sponsored the ”Justice for Breonna Taylor Act.” Ron Paul is his father.

Ansel Hazen
Ansel Hazen
1 month ago
Reply to  RobSF

Good catch.

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Dave in Fairfax
Editor
Dave in Fairfax
1 month ago

Now if we can just get someone who believes in the Constitution.

Laddyboy
Laddyboy
1 month ago

Unlike “roberts” who TALKS like a conservative and ACTS like a DemoKKKrat!!!

Xaun Loc
Xaun Loc
1 month ago

That’s not going to happen. The RINO Senate is not going to confirm a new Supreme Court Justice until after the election has been held, and the court battles are over. Then if we still have a government, Congress may get around to crucifying whoever is nominated.

I’m betting we go through two or three nominees who decline or withdraw before Trump appoints someone wishy-washy enough to be confirmed.

a.x. perez
a.x. perez
1 month ago

No knock warrants as a normal way of doing business are the result of a philosophy that there was a higher law than the Constitution and that American law enforcement officers had to act according to that law and not the Constitution. As gun owners we need to be concerned about this Anti-Constitutional attitude, not simply because it can be used to excuse violating the Second Amendment, but also the 4th, 5th, 14th, and other Amendments protecting people from government denial of due process of law and other abuse of government power. As long as no knock warrants are SOP,… Read more »

Cruiser
Cruiser
1 month ago
Reply to  a.x. perez

I helped serve a few no knock warrants and they are one of the most dangerous parts of Police work, for everyone involved. Unless the perp is a Murderer , exigency is not worth the danger.