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Justices rule on 'no-knock' warrant executions

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The Indiana Constitution doesn’t require prior judicial authorization for a “no-knock” execution of a warrant when justified by exigent circumstances, the Indiana Supreme Court held Tuesday. This is the case even if those circumstances are known by police when the warrant is obtained.

The high court released opinions in the companion interlocutory appeals of Cornelius Tyrone Lacey Sr. v. State of Indiana, No. 02S05-1010-CR-601, and Damion J. Wilkins v. State of Indiana, No. 02S03-1010-CR-604, in which the men challenged the denial of their motions to suppress evidence obtained after police forced their way into Cornelius Lacey’s home without knocking and announcing themselves while executing a search warrant. Wilkins was also at Lacey’s home when police arrived.

The men are charged with unlawful possession of a firearm by a serious violent felon and possession of marijuana. The Indiana Court of Appeals reversed the denial of their motions to suppress.

In Lacey, the justices delved into the men’s arguments that police knew about the exigent circumstances asserted by the state to justify the no-knock entry, but that police didn’t provide the information to the magistrate and didn’t seek and receive explicit authorization to dispense with the knock and announce procedure.

Justice Brent Dickson noted that Indiana jurisprudence hadn’t confronted whether police must obtain no-knock warrants when justified solely by information known at the time of the warrant application. The justices examined cases in federal and state courts, including some in Indiana, to hold that Article I, Section 11 of the state constitution doesn’t require prior judicial authorization for the execution of a no-knock warrant when justified by exigent circumstances, even if police know those circumstances when they get the warrant.

“Rather, courts will assess the reasonableness of entry based on the totality of the circumstances at the time the warrant was served. Constitutional uncertainty may be minimized when police, knowing in advance of the need to execute a warrant without complying with the knock and announce requirement, present the known facts when seeking the warrant and obtain express judicial authorization for a no-knock entry. This is certainly the better practice,” wrote Justice Dickson.

In Wilkins, Wilkins argued that the factual circumstances presented in the record didn’t constitute sufficient exigent circumstances to justify the no-knock execution. He claimed that the exigent circumstances relied on by the state was officer safety, that this came from Wilkins’ prior conviction for armed robbery and resisting arrest, and that the state didn’t establish that the police had any expectation that he would be at Lacey’s home when they searched the residence. Therefore, it was an unreasonable search prohibited by the federal constitution.

But suppression isn’t appropriate under federal law, and the justices affirmed the denial of his motion.

The Supreme Court affirmed the denial of their motions to suppress and summarily affirmed the Court of Appeals as to the men’s other appellate claims.

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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