No-knock warrants are highly controversial, especially after the recent Harding Street murders. When police officers secured one based on false information provided in the warrant application, two innocent victims were shot dead, and several police officers were injured.
There was a subsequent local movement to ban no-knock warrants. However, those efforts have thus far been unsuccessful, and no-knock warrants may still be issued under appropriate circumstances. Attorneys at Vinas & Graham, PLLC know that these warrants are not only dangerous but also are often issued in violation of your 4th amendment rights.
Suppose your constitutional rights were violated when a no-knock warrant was issued to search your property. In that case, any evidence collected by the police in that search may be inadmissible in your prosecution. Keep reading to learn more about no-knock warrants and how they can affect your 4th amendment rights.
What Are Your Fourth Amendment Rights?
In general, you have the right to a reasonable expectation of privacy and not be subjected to unreasonable searches and seizures. Although case law has helped define what police conduct is determined to be unreasonable, the standard is still somewhat subjective. Officers must have a warrant, consent, or probable cause to conduct a search.
If the police show up to search your property with a regular search warrant, they are required to knock and announce their presence. With a regular search warrant (as opposed to no-knock), any search conducted without a knock and announcement would be considered unreasonable and a violation of your 4th amendment rights.
No-Knock Warrant Exception
Unlike regular search warrants, the police are not required to announce their presence if they have a no-knock warrant. Effectively, law enforcement officers can kick in your door without warning if they have one.
Courts generally approve no-knock warrants only if police officers can demonstrate why it is justified. Typically, this type of warrant is issued if it is shown that an announcement would put officers in danger or lead to the destruction of evidence.
How A No-Knock Warrant Affects Your 4th Amendment Rights
As described above, no-knock warrants are only justified under limited circumstances. If it is approved based on false information in the warrant application or is otherwise unjustified, the search might have violated your 4th amendment rights.
If you can prove that the police conducted an unreasonable search and seizure, any evidence collected in that search can be thrown out of the case. If the evidence against you is inadmissible, your criminal charges might be reduced or dismissed.
Contact An Attorney Regarding Your No-Knock Warrant And 4th Amendment Rights
If a no-knock search was executed at your home, a Houston criminal defense attorney can review your claim to determine if your 4th amendment rights were violated. Contact an attorney at Vinas & Graham, PLLC at 713-229-9992 or here for a case evaluation. We will review your case and discuss your best legal defense options.
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