Houston Lawmakers Propose Statewide Ban On No-Knock Warrants
State Rep. Gene Wu and state Sen. Borris Miles each filed the legislation in
the wake of the botched January 2019 Harding Street drug raid and the
March 2020 police killing of Breonna Taylor.
Two Houston lawmakers want to ban no-knock warrants statewide.
A bill filed in the upcoming state legislature that would ban the practice is
in response to the 2019 Harding Street drug raid that led to the deaths of
Dennis Tuttle and Rhogena Nicholas.
State Rep. Gene Wu, D-Houston, said the House bill would work to protect
both civilians and police, by requiring officers to identify themselves before
attempting to break down a door.
"I think a lot of the problems that we had with search warrants in the
Harding Street (raid) and other places, with Breonna Taylor, was literally
people who have a right to defend their homes, as we've been saying
all this time, don't know who is breaking into their house," Wu said.
State Sen. Borris Miles, D-Houston, filed an identical bill in the Senate.
Probably the first bill proposed by a dem that I can actually agree with.
In certain extreme situations, the law is inadequate. In order to shame its inadequacy, it is necessary to act outside the law to pursue a natural justice.
The event in Houston shows that No-knock warrants are clearly very dangerous to everyone involved.
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I would like to see them banned across all Police departments in all cities. I am telling you right now if someone kicks in my door and starts screaming at me, I am going to start shooting and probably end up getting killed. Anyone can scream police as they are busting down my door. I am suppose to believe it is actually the police when I know darned good and well I have not broken any laws? No! I will assume it is thugs trying to trick me into submission.
I cannot support a law banning no-knock warrants. They are a necessary tool for police officers to be able to do their job. I agree that they have been abused and we may need to put political pressure on the police departments to change the way they are used, but I do not agree that all the cases that have had bad results for either the police or the victims/suspects have had anything to do with it being a no-knock warrant. I also do not believe that there is any way a law can be written to allow no-knock warrants under some circumstances while banning them under others. For the law to be enforceable, it almost has to be a complete ban and that is a bad thing.
I strongly suggest we rethink the laws we are enforcing, as opposed to keeping things illegal while restricting the police. The war on drugs has been an abysmal failure at everything except restricting citizen's rights and increasing the violence in crime and law enforcement. And that is just one area of law where the cops get the blame but it should be on the legislator's shoulders.
srothstein wrote: ↑Fri Dec 04, 2020 10:47 pm
I cannot support a law banning no-knock warrants. They are a necessary tool for police officers to be able to do their job. I agree that they have been abused and we may need to put political pressure on the police departments to change the way they are used, but I do not agree that all the cases that have had bad results for either the police or the victims/suspects have had anything to do with it being a no-knock warrant. I also do not believe that there is any way a law can be written to allow no-knock warrants under some circumstances while banning them under others. For the law to be enforceable, it almost has to be a complete ban and that is a bad thing.
I strongly suggest we rethink the laws we are enforcing, as opposed to keeping things illegal while restricting the police. The war on drugs has been an abysmal failure at everything except restricting citizen's rights and increasing the violence in crime and law enforcement. And that is just one area of law where the cops get the blame but it should be on the legislator's shoulders.
The problem is that I often wonder who is in charge of Law Enforcement. I want reasonable people to have the tools they need. But I worry about socialist using using those tools to prosecute constitutionalist.
[quote="srothstein")
I strongly suggest we rethink the laws we are enforcing, as opposed to keeping things illegal while restricting the police. The war on drugs has been an abysmal failure at everything except restricting citizen's rights and increasing the violence in crime and law enforcement. And that is just one area of law where the cops get the blame but it should be on the legislator's shoulders.
[/quote]
No knock warrants are but one of the things, like civil asset forfeiture, that I believe need to be banned. But I'm always willing to listen to reason:
1. Given the situation that we are in with political police forces (an are buddy Art puts Houston in the running) what do you suggest to use to keep enough pressure on departments to keep no-knock warrants under control?
2. What, besides drugs and a non-family associated kidnapping, is a no knock warrant needed for?
3. We agree that the war on drugs has been a dismal failure in its original purpose and one of the worse things in terms of trampling individual rights. I'm not in favor of legalizing even pot but what is going on now is awful. What do you suggest that we do differently.
I agree that no knock warrants should be banned.
I prefer to protect law abiding, innocent citizens more so than making it perhaps a little easier to catch a crook.
Also, total power totally corrupts. No knock warrants, in my opinion, are just a big step to a totalitarian government.
I trust a crook to be bad, but I can’t trust a government to always be good.
The only two circumstances I can think of that would justify a no knock warrant are a suspected terrorist bomb factory where a knock would likely result in a detonation, and a situation where an innocent person's life is in imminent danger and there is no other reasonable way to save it.
I agree with Steve on reconsidering what we're enforcing as well. It is readily apparent that laws against illegal drugs have served only to benefit the cartels, who make enormous profits on simply transporting stuff that would be dirt cheap if it wasn't illegal.
The fact is that all our laws have no effect on limiting availability or use. After all our efforts you can find whatever drug you want on the streets of any city or town in just a few minutes, and in greater quantities than when the laws were passed.
I have never met anyone who wanted to use drugs and didn't, and I have also never met anyone who didn't use drugs but would if they were legal with the exception of marijuana which has followed the same pattern as alcohol during the prohibition. The only difference between prohibition and now is that back then the country was smart enough to see that alcohol laws only enriched organized crime while doing nothing to curb alcohol abuse and the situation was solved by abolishing the law. Today we keep doing the same things over and over at tremendous cost in treasure, lives and freedom while expecting a different result. Major change is long overdue.
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I am not a lawyer. Nothing in any of my posts should be construed as legal or professional advice.
srothstein wrote: ↑Fri Dec 04, 2020 10:47 pm
I cannot support a law banning no-knock warrants. They are a necessary tool for police officers to be able to do their job. I agree that they have been abused and we may need to put political pressure on the police departments to change the way they are used, but I do not agree that all the cases that have had bad results for either the police or the victims/suspects have had anything to do with it being a no-knock warrant. I also do not believe that there is any way a law can be written to allow no-knock warrants under some circumstances while banning them under others. For the law to be enforceable, it almost has to be a complete ban and that is a bad thing.
I strongly suggest we rethink the laws we are enforcing, as opposed to keeping things illegal while restricting the police. The war on drugs has been an abysmal failure at everything except restricting citizen's rights and increasing the violence in crime and law enforcement. And that is just one area of law where the cops get the blame but it should be on the legislator's shoulders.
The problem is that I often wonder who is in charge of Law Enforcement. I want reasonable people to have the tools they need. But I worry about socialist using using those tools to prosecute constitutionalist.
YES
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