Module 6 Discussion

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Apr 3, 2024

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Module 6 Discussion Describe all of the requirements for search warrants. (Ex. Who do you get a search warrant from? What do you need to get a search warrant? What must the search warrant include? When may a search warrant be executed? How must a search warrant be executed, and what is the purpose behind these requirements?) What potential problems may result from a "no knock" warrant? Watch the video on Breonna Taylor and the police use of "no knock" warrants. Based on your understanding of the law (and the potential abuse of no knock warrants) should this type of warrant be allowed? Please refer to and cite applicable sections from the text in your answer. There are multiple different requirements that goes into getting a search warrant as well as executing the search warrant. In order to get a search warrant it must be issued by an objective magistrate, a judge, or someone who has the ability to determine probable cause. Also, an affidavit must be present where the warrant must be supported by a sworn affidavit that has all of the details surrounding the facts that supports the search warrant. The search warrant must include evidence for a specific crime that includes things such as contraband or even DNA in order for a person to be arrested or lawfully restrained. In order to ensure that the right place is going to be searched, the warrant must identify the place specifically that is going to be searched which typically includes the address of the property that is going to be searched. In the search warrant it must describe the particular items that are going to be searched and seized for example if the officers are looking for a weapon that was used in a crime they have to specify that in the search warrant. A search warrant must be executed within 10 days of the warrant being issued because this prevents the warrant from becoming what is known as stale. Search warrants are also encouraged to be conducted during the daytime due to the fact that executing a search warrant at night could cause the increase of violent confrontations which could be harmful to law enforcement officers as well as innocent bystanders. The purpose behind the requirements regarding a search warrant execution of it is important because not having these requirements and protocols could result in an illegal search and seizure which ultimately is the violation of someone's constitutional right listed under the fourth amendment. (Lippman p.181-183) A no knock warrant is extremely dangerous due to the fact that it puts civilians in harm's way as well as law enforcement officers. Imagine if someone lived in a dangerous neighborhood and someone barges into their house with no warning if that individual is armed they are going to react naturally in a way that is protecting their home as well as themselves. However, when police officers do this the individuals inside of the home have no way of knowing until it is too late. No knock warrants are exactly what lead to these types of situations that I explained above. In the extremely controversial case regarding Breonna Taylor this is exactly what happened. Based on the video, Taylor's boyfriend stated that he believed that someone was breaking into his home and he ultimately went into defense mode retrieving a gun and shooting at police officers. He had no way of knowing that these officers were the ones attempting to enter his home he thought that they were burglars and he did
the first thing that any rational individual would which is protect his home. However, law enforcement officers shot back in defense of themselves and Breonna Taylor was caught in the crossfire and she was ultimately killed while asleep in the bed. I don't believe that no knock warrants should be completely ruled out however I do think they should only be allowed in extreme cases. An extreme case would be trying to apprehend an individual that they know is going to flee. Having no knock warrants is extremely dangerous and they should be banned unless extenuating circumstances calls for them.
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