PITTSBURGH, Pa. (May 25, 2021) – Last week, Pittsburgh voters overwhelmingly approved a ballot measure to ban “no-knock” warrants in the city, taking a step toward nullifying several Supreme Court opinions in practice and effect.

The Alliance for Police Accountability led the campaign joined by a large number of other grassroots organizations to put the measure on the ballot. The initiative added a new section to the Pittsburgh Home Rule Charter barring employees of the Pittsburgh Bureau of Police from executing warrants at any residence without knocking and announcing themselves. Police are no required to knock on a door, announce their presence, and wait at least 15 seconds before entering a residence to execute a warrant. The ballot initiative also requires officers executing a warrant to wear a body camera, and dress in uniform or wear clothing that identifies them as law enforcement officers.

The measure passed on May 18 by an 81 to 19 percent margin.

Nullifying the Supreme Court

Banning no-knock warrants takes a big step toward effectively nullifying and making irrelevant several Supreme Court opinions that give police across the U.S. legal cover for conducting no-knock raids.

In the 1995 case Wilson v. Arkansas, the Supreme Court established that police must peacefully knock, announce their presence, and allow time for the occupants to open the door before entering a home to serve a warrant. But the Court allowed for “exigent circumstance” exceptions if police fear violence, if the suspect is a flight risk, or if officers fear the suspect will destroy evidence.

As journalist Radley Balko notes, police utilized this exception to the fullest extent, “simply declaring in search warrant affidavits that all drug dealers are a threat to dispose of evidence, flee or assault the officers at the door.”

The SCOTUS eliminated this blanket exception in Richards v. Wisconsin  (1997) requiring police to show why a specific individual is a threat to dispose of evidence, commit an act of violence or flee from police. But even with the opinion, the bar for obtaining a no-knock warrant remains low.

“In order to justify a ‘no-knock’ entry, the police must have a reasonable suspicion that knocking and announcing their presence, under the particular circumstances, would be dangerous or futile, or that it would inhibit the effective investigation of the crime by, for example, allowing the destruction of evidence.” [Emphasis added]

Reasonable suspicion is an extremely low legal bar to meet. Through this exception, police can justify no-knock entry on any warrant application. In effect, the parameters in the SCOTUS ruling make no-knock the norm instead of the exception.

A third Supreme Court ruling effectively eliminated the consequences for violating the “knock and announce” requirement even without a no-knock warrant. In Hudson v. Michigan (2006), the High Court held that evidence seized in violation of knock and announce was not subject to the exclusionary rule. In other words, police could still use the evidence in court even though they technically gathered it illegally.

Significantly, were it not for the dubious “incorporation doctrine” made up by the Supreme Court based on the 14th Amendment that purportedly empowers the federal government to apply the Bill of Rights to the states, these cases would have never gone to federal court and we wouldn’t have these blanket rules.

Without specific restrictions from the state, police officers generally operate within the parameters set by the High Court. By passing restrictions on no-knock warrants, states and localities set standards that go beyond the Supreme Court limits and in effect, nullify the SCOTUS opinion.

Mike Maharrey

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