Understanding the Scenario of No-Knock Warrants in Philadelphia
As of September 1, 2020, the city of Philadelphia made a major decision regarding police tactics: they officially banned no-knock warrants.
However, there’s still plenty of confusion about the limitations of law enforcement while executing a search. Therefore, the best way is to understand your rights, and also to know how to respond to the police if they suddenly show up at your door unannounced, and without a warrant!
Also, you need to remember that the legalities encompassing search warrants are still evolving. So, you must have a Pittsburgh criminal lawyer by your side, who can challenge the legality of the warrant and also guide you to handle such sensitive situations effectively.
A Brief Overview of No-Knock Warrants
First up, let’s understand the concept of a no-knock warrant before going any further.
A no-knock warrant, as the name suggests, offers cops the authority to enter your home without any announcement. Now, federal laws allow no-knock entries only during limited situations like-
- If the cops can prove that knocking might have posed a danger.
- If knocking allowed the accused to destroy evidence.
- If knocking gave an opportunity for the potential suspect to escape.
However, in Pennsylvania, the law happens to be much more stringent. So, if any police officer fails to abide by the ‘knock-and-announce’ policy (which requires them to knock and state their purpose of arrival), any evidence they find can be suppressed by the state judges.
Why are No-Knock Warrants Banned in Philadelphia?
While there is no statewide ban on no-knock warrants in Pennsylvania, it is completely banned in the city of Philadelphia. And that’s because this move did not help reduce any violent crimes. Rather, it often was the reason behind the most violent encounters!
For instance, according to reports of the Center for Justice Research, around 36% of no-knock drug raids ended with no drugs being found!
Also, from 2010- 2016, 13 police officers and 81 civilians had to lose their lives because of forced entry, out of which about 20% consisted of no-knock cases.
What to Do if the Cops Show Up at Your Door?
Supposedly, one fine morning, the cops announce their arrival with a warrant. What can you do? Sure, they have the legal authority to search your place, but don’t forget that you, too, have rights that you can exercise.
- Stay calm and don’t resist: First of all, don’t lose composure. Also, remember that resisting might bring criminal charges against you! So, let the police do their work.
- Request a copy of the warrant: Be polite and request the officers to show a copy of the warrant. Look for the following pointers-
- The address
- The date and time
- The areas the cops are allowed to search
- A judicial authorization
- Document the search: If it is safe, record a video of the search on your phone. Also, write down the manner of the entry, the names of the officers, and whether any damage was incurred to your property. This might come in handy if a Pittsburgh criminal lawyer challenges the warrant later on.
- Contact your lawyer: This is one of the best steps to protect yourself. If you see that the police waived the ‘knock-and-announce’ policy to enter your home, call up a Pittsburgh criminal lawyer ASAP. They can question the legality of the search and also protect you from any further legal repercussions.
Not just that, but an experienced Pittsburgh criminal lawyer can also help hold the system accountable for violating your civil rights! And these robust defense strategies can effectively pave the way for a dismissal or compensation. Call us at 412-387-6901 for any further enquiries.