|
In the United States, a no-knock warrant is a warrant issued by a judge that allows law enforcement officers to enter a property without immediate prior notification of the residents, such as by knocking or ringing a doorbell. In most cases, law enforcement will identify themselves just before they forcefully enter the property. It is issued under the belief that any evidence they hope to find can be destroyed during the time that police identify themselves and the time they secure the area, or in the event where there is a large perceived threat to officer safety during the execution of the warrant. The Department of Justice writes:
The number of no-knock raids has increased from 3,000 in 1981 to more than 50,000 in 2005, according to Peter Kraska, a criminologist at Eastern Kentucky University in Richmond.〔 Raids that lead to deaths of innocent people are increasingly common; since the early 1980s, forty bystanders have been killed, according to the Cato Institute in Washington, D.C.〔 == Controversy == No-knock warrants have been controversial for various reasons. Some consider them to be unconstitutional. In addition, there have been cases where burglars have robbed homes by pretending to be officers with a no-knock warrant. There have been many cases where armed homeowners, believing that they are being invaded, have shot at officers, resulting in deaths on both sides. While it is legal to shoot a homeowner's dog when an officer fears for his/her life, there have been numerous high-profile cases in which family pets lacking the size, strength, or demeanor to attack officers have been shot, greatly increasing the risk of additional casualties in neighboring houses via overpenetrating bullets.〔〕 Police and prosecutors are criticized for the use of no-knock search warrants. The Fourth Amendment to the United States Constitution assures and protects individuals from unreasonable searches and seizures. Police, civil libertarians, and/or criminals may interpret the phrase “unreasonable searches and seizures” in different ways. Police view unreasonable searches and seizures as entering a home or property without obtaining what is deemed as probable cause. Probable cause is based on the officer having reason to believe a crime has been committed or exigent circumstances defined in ''United States v. McConney'': Emergency conditions. "Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts."〔''United States v. McConney'', 728 F.2d 1195, 1199 (9th Cir.), cert. denied, 469 U.S. 824 (1984)〕 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「No-knock warrant」の詳細全文を読む スポンサード リンク
|