8th Circuit - Purpose of knock-and-announce warrant is TO KNOCK AND ANNOUNCE - Qualified Immunity

Discussion in 'National Laws, Bills and Politics' started by tmoore912, Jul 25, 2019.

  1. RedDawnTheMusical

    RedDawnTheMusical Well-Known Member

    10,792
    315
    83
    But that takes all the fun out of the job...
     

  2. Nemo

    Nemo Man of Myth and Legend

    12,740
    807
    113
    For once, I can agree with the detectives not being liable. Please be not overly amazed. As well as the city not being liable.

    But I have a problem with the detectives omitting the info (suspect in jail) that damaged their PC for the warrant.

    Interesting analysis and read.

    Nemo
     
  3. Phil1979

    Phil1979 Member Georgia Carry

    11,458
    586
    113
    It's ironic that the sheeple in this country gives government the authority to do stuff like this with virtually no real consequences - in the name of keeping them safe, of course - but then they cry out when it's used against them. Surprise!

    Sheep are stupid, both the beast kind and the human kind. I think the beast kind may have a leg up on intelligence compared to the two-legged kind, every pun intended.
     
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

    27,499
    661
    113
    Phil, you're foaming at the mouth again. No need to go all mad dog.

    The 8th circuit said while it's OK for cops to get a search warrant for an apartment that appears to be an apartment that a murderer either lives in or uses to store recently stolen property from the murder victim...

    ... the cops in the field, who actually execute that warrant, must do so in a reasonable manner. That means they must evaluate how reasonable their behavior is as new information comes to light minute by minute, including the fact that the suspected murderer has just been arrested at a different location.

    So, The use of flash bangs in the service of a knock and announce warrant add an address where they know for certain the violent and dangerous criminal will not be found is unreasonable. They may be sued.
    They might have to pay. Now, the city might end up paying for them, due to some other city personnel policy or contract with the police union, but if not the individual overzealous SWAT might cops individually have to pay.
     
  5. gunsmoker

    gunsmoker Lawyer and Gun Activist

    27,499
    661
    113
    Notice that this court also discusses an 11th circuit case from 2017 involving the use of flash bang grenades at a home in Clayton County Georgia.

    There, a no-knock warrant with flash-bangs were authorized and not a violation of anybody's rights because cops reasonably believed that they would find a drug dealer inside the house, and one who was known to carry a gun.
     
  6. moe mensale

    moe mensale Well-Known Member

    12,439
    1,639
    113
    Wait. What? I always thought a flash bang was a form of "knock & announce." You know, it knocks you out and announces someone's arrival. :-k #-o