A pair of nearly identical bills (SB 45, SB 159) has been introduced this session into the Georgia legislature concerning “no-knock” warrants. Apparently all those no-knock raids we’ve heard about recently in Georgia (a toddler nearly killed in Habersham County, the murder of David Hooks in Laurens County) were illegal. Under Georgia law (O.C.G.A 17-5-27) officers must give “verbal notice” before force can be used to execute a warrant. Huh. Imagine that, words on a piece of a paper didn’t stop those in power from doing whatever they wanted – and since there was no accountability in either case, apparently the current law prohibiting no-knocks is of little practical value. So, let’s see, how could we possibly remedy this situation? I’ve got it – make no-knock raids LEGAL! Now when officers engage in this practice they won’t be breaking the law anymore, problem solved.
Why stop there? Why not make rape, murder, and theft legal? That would lower the crime rate in Georgia to the point where there would be no need for no-knock raids. Oh, right that wouldn’t help because no-knock raids aren’t about catching actual criminals (rapists, murders, and thieves). No, they are about nabbing the low hanging fruit of drug “crimes” where mere possession of “stuff” is all that is needed to close a case. Smash, grab, arrest. Wash, rinse, and repeat. Detective work is so tedious – this is much easier. I have a suggestion for these politicians. If you are so keen on legalizing that which was formerly illegal in order to control it better, then try this: repeal all drug laws. Now there is no need for no-knock warrants.
Now, just to clarify, both bills’ proponents claim the bills prohibit no-knock raids. One (SB45) even goes so far as to call itself “Bou Bou’s Law” (after the toddler that nearly had his face blown off). Because both bills would greatly increase the probability of another “Bou Bou” type incident, this particular appellation is about as disconcertingly insulting as naming a rape legalization bill a “Women’s Rights Law”.
What the declaration giveth (“No search warrant shall be issued which contains a no-knock”), the exception clause taketh away (“unless the affidavit or testimony supporting such warrant establishes by probable cause that if an officer were to knock and announce identity and purpose before entry, such act of knocking and announcing would likely pose a significant and imminent danger to human life or imminent danger of evidence being destroyed.”)
“Significant and imminent” are the weasel words that will build the foundation of every manufactured excuse to engage in this practice. Honestly, if the degree of danger is that serious do you really think an extra 5-10 seconds will provide an absolute measure of safety? If the danger level is truly “imminent” no one should be entering, announced or unannounced, if officer safety is the primary concern. Surround and siege is a much less dangerous alternative for all involved. Likewise, the phrase “evidence being destroyed” is code for “drugs flushed down the commode”. Thus upon this rock one may build the excuse for every drug case being a no-knock case.
Opposition to these bills is not “anti-cop”. Quite the contrary. Officers tend to get shot when they break into people’s homes unannounced. That’s just a fact. The goal should be to eliminate such raids, not increase their use through legalization and specious pleading of “oversight.” The only situation where a no-knock raid would ever be warranted is if someone’s life inside the residence is in danger (think serial killer situation). But to risk the lives of officers and innocent bystanders inside in order to potentially get a few grams of dope off the streets – that is simply reckless and the Georgia senate should be ashamed of themselves for attempting to codify under the color of law this outrageous practice. Please contact your Georgia Senator to voice opposition to these bills (links at gregmorin.com).