Posted on 05/26/2021 9:45:12 AM PDT by RandFan
Are you making the assumption since you own the property this legitimizes the use of forced entry?
A great many American homes are actually "owned" by a bank or mortgage company that holds the mortgage. Can you imagine a bank making the same request?
Ownership of the subject property really has nothing to do with justification for forced entry.
If the war was ended it would cure it’s self. The root of most criminal activity is caused or related to the black marketing of drugs. Let them have them all they want and let them destroy themselves.
It won’t take long and the drug culture would kill it’s self off. And along with it all the related criminal activity it causes. Crime didn’t increase much in this country until the war on drugs was declared.
And now because there are no limited rules of engagement far too many innocent casualties of this war are a reality. Not just the no knock raids, but the innocent victims of all the different forms of drug related crime.
I am of the opinion that No-knock warrants are dangerous and should only be used when there is an identified threat to human life and limb. I also believe that the execution of a no-knock warrant should only be done under the authority of the Sheriff and co-signed by a judge.
Far too often, a no knock warrant is issued on suspicion and in situations that could easily be handled by better police work.
I can get behind getting rid of no-knock warrants.
Same with ending civil asset forfeiture
Most leases allow entry if the owner feels there’s an emergency situation.
It would stop a cop dismissed from one department for misconduct from moving to another department to continue with their misconduct.
Example. I would happily invite the police to kick in the door of my property if I caught wind that a child sex ring was happening on my property. I wouldn’t be able to sleep at night if I thought I had any hand in that. It’s very improbable, but can imagine circumstances where a no-knock raid was appropriate. I do agree it’s completely abused and overdone. Also, just uneasy with Federal law pushing down to local policing.
I do not like the way no-knock warrants are most often used. They are usually not necessary, and in too many cases it has become a performance done for the cameras. But outlawing them in all cases is not the way to go. Sometimes there is no other way to deal with certain dangerous suspects. What we need are police and especially prosecutors who are devoted to the Constitution, the rule of law, and fairness. We need wise and moral people making decisions to use these tools. Until we somehow achive this, anything we do will be patchwork with the players schemeing how to get around it.
Civil asset forfeiture is such a moral hazard I cannot uderstand why the SC let it exists.
Again an “emergency situation”, ie a persons life is in immediate peril, the police may take action without a warrant of any kind. Further, entry by the landlord because a water heater burst or something of the sort is entirely different than the police entering.
Folks just because we as a society have let no knock warrants go on for decades does not make them legal.
No knock warrants are by definition always unreasonable and thus are expressly unconstitutional.
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