NCJ Number
16548
Journal
Trial Volume: 10 Issue: 2 Dated: (MARCH/APRIL 1974) Pages: 29-30
Date Published
1974
Length
2 pages
Annotation
A CRITIQUE OF THE FEDERAL NO-KNOCK STATUTE, INCLUDING A REVIEW OF INCIDENTS IN WHICH THIS LAW HAS BEEN ABUSED BY FEDERAL AGENTS AND PROPOSED LEGISLATION TO REPEAL THE NO-KNOCK STATUTE AND AMEND THE FEDERAL TORT CLAIMS ACT.
Abstract
THE FEDERAL NO-KNOCK STATUTE, ENACTED AS PART OF THE COMPREHENSIVE DRUG ABUSE PREVENTION AND CONTROL ACT OF 1970 PERMITS UNANNOUNCED FORCIBLE ENTRY PURSUANT TO A 'SEARCH WARRANT RELATING TO OFFENSES INVOLVING CONTROLLED SUBSTANCES THE PENALTY FOR WHICH IS IMPRISONMENT FOR MORE THAN ONE YEAR.' THE AUTHOR CONTENDS, HOWEVER, THAT IN SEVERAL INSTANCES AGENTS HAVE DISPENSED WITH THE WARRANT REQUIREMENT WHEN THEY FOUND IT TO BE AN INCONVENIENCE. HE ALSO STATES THAT THE FOURTH AMENDMENT RIGHT OF THE PEOPLE 'TO BE SECURE IN THEIR PERSONS, HOUSES, PAPERS, AND EFFECTS, AGAINST UNREASONABLE SEARCHS AND SEIZURES' SEVERELY LIMITS THE CIRCUMSTANCES IN WHICH THE IDENTIFICATION AND ANNOUNCEMENT PROCESS BY LAW ENFORCEMENT OFFICERS CAN BE LEGALLY DISPENSED WITH. FURTHERMORE, IT IS CONTENDED THAT COMMON SENSE AND ACTUAL EXPERIENCE OF SUCH LAW ENFORCEMENT AGENCIES AS THE DISTRICT OF COLUMBIA POLICE INDICATE THAT THE EXERCISE OF NO-KNOCK ENTRIES MAY ACTUALLY INCREASE THE CHANCES OF NEEDLESS INJURIES AND DEATHS BOTH TO LAW ENFORCEMENT OFFICERS AND CITIZENS WHOSE HOMES ARE BROKEN INTO. THE AUTHOR CALLS FOR REPEAL OF THE NO-KNOCK STATUTE AND AMENDMENT OF THE FEDERAL TORT CLAIMS ACT SO THAT IN THE FUTURE INDIVIDUAL CITIZENS WHOSE FOURTH AMENDMENT RIGHTS HAVE BEEN ABUSED MAY BRING ACTIONS DIRECTLY AGAINST THE FEDERAL GOVERNMENT. (AUTHOR ABSTRACT MODIFIED)