Rep. LaKeshia Myers (D-Milwaukee) has introduced a new bill to prevent the use of no-knock search warrants by Wisconsin law enforcement. The bill was named Breonnas Law after Louisville, Kentucky EMT Breonna Taylor, the 26-year-old who was killed during such a raid in March 2020.
It is most appropriate for us to begin Black History Month 2021 by introducing Breonnas Law, Myers said in a press statement. Breonna Taylors life was taken while she was in the comfort of her own home, through the use of a no-knock warrant. While Taylor was not the subject of the warrant, her life was mercilessly ended through no fault of her own. It is because of this that we call on Wisconsin legislators to end the use of no-knock warrants.
Wisconsin became the first state to authorize no-knock search warrants in 1997. Since their introduction, no-knock raids have created controversy around police transparency and use of force.
No-knock warrants are harmful to civilians and law enforcement officers alike, said Myers. Milwaukee police officer Matthew Rittner was killed in the line of duty while his tactical unit executed a no-knock warrant in February 2019. Because of a no-knock search warrant, a wife lost her husband, Milwaukee lost a police officer and a child lost its father.
These searches are being reconsidered at the federal and state levels. In Congress last session, Senate Republicans wanted to track their use, while a Democratic House bill, endorsed by the Congressional Black Caucus would have banned them on a federal level in drug cases and withhold federal policing grants to states that permit them in drug cases.
In 2020, a package of Juneteenth bills on police reform was forwarded by Gov. Tony Evers, Lt. Gov. Mandela Barnes and the the Legislative Black Caucus. It included a similar bill that prohibits no-knock search warrants issued under state law by requiring a law enforcement officer who is executing a search warrant to identify himself or herself as a law enforcement officer and announce the authority and purpose of the entry, before entering the premises.
The Legislature did not take any action on these bills, instead forming a study committee that continues to meet but has not come out with its recommendations.
Myers new bill, as described in her co-sponsorship memo accompanying it, requires that a law enforcement officer executing a search warrant must, before entering the premises, identify himself or herself as a law enforcement officer and announce the authority and purpose of the entry. Under the bill, a law enforcement officer may execute a search warrant only between the hours of 6 a.m. and 10 p.m. unless a judge authorizes the execution of the search warrant at another time for good cause.
Given the increased focus on police reform and no-knock search warrants in particular the Wisconsin Legislative Council put out an Information Memorandum on the practice in Sept. 2020, reviewing its complicated relationship with the Fourth Amendment and case law. As a result, the no-knock search warrant, a product of the War on Drugs, is being reconsidered. The Fourth Amendment to the U.S. Constitution giving citizens the right to be protected against unlawful search and seizure is replicated in the Wisconsin Constitution.
THE MORNING NEWSLETTER
Knock-and-announce requirements before police forcibly enter a persons home called the announcement rule in Wisconsin date back centuries to British common law, but exceptions to the rule have been carved out, including the no-knock search warrant, the memo states. Further, it notes, a 1995 case determined knock-and-announce was not a rigid, blanket rule, so no-knock searches are allowed as an exception that takes into account countervailing law enforcement interests.
The Wisconsin Professional Police Association Executive Director Jim Palmer has been quoted by multiple media outlets, as being open to reconsideration of no-knock warrants by police and by lawmakers. He told NBC-15 he doubts his group would fight for the warrants, as they are not used frequently in Wisconsin and can be dangerous for both police officers and residents.
Body camera use by law enforcement has made the public increasingly aware of no-knock search warrants, as more people are able to see footage of the technique in action.
The bills namesake, Taylor, was killed as law enforcement carried out a series of raids across the Louisville area. Police claimed they announced themselves when the raid began. Taylors boyfriend, Kenneth Walker, however, said officers did not do so, and he thought someone was breaking into their home as they slept. After a shot was fired by the boyfriend, wounding one officer, other officers fired numerous shots into the apartment, killing Taylor.
One of the detectives involved, Brett Hankison, was fired in June for wantonly and blindly firing his weapon, according to his termination letter. Taylors death brought to light the use of such raids, and place-based policing strategies that targeted areas being gentrified by the city.
As the state that created no-knock warrants, Wisconsin has the responsibility to be the state to end their use, Myers said. When you know better, you must do better, and this is a step in the right direction.
- WMU Law professor says if federal probe is opened, the 4th and 5th amendments will be key in Lyoya case - FOX 17 West Michigan News - April 28th, 2022
- NJ Appeals Court: Lower Court Mixed Up 4th And 5th Amendment And Either Way, Phone Passcodes Can Be Compelled - Techdirt - April 28th, 2022
- Department of Justice reaches agreement with Springfield about policing - Reminder Publications - April 28th, 2022
- Op-ed: The Constitution in a time of change - Courier & Press - April 28th, 2022
- Sinclair Closes Refinancing and Extension of STG Credit Facilities - Business Wire - April 28th, 2022
- SP PLUS CORP : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet... - April 28th, 2022
- 'You Have The Right To Remain Silent JUST KIDDING!' Says Biden Administration - Above the Law - April 28th, 2022
- In review: key recent IP developments and trends in China - Lexology - April 28th, 2022
- Syracuse police had other options for dealing with 8-year-old accused of stealing. They didn't use them. - City & State - April 28th, 2022
- Jon Bernthal embedded with Baltimore police to play city's dirtiest cop in HBO's "We Own This City" - Salon - April 28th, 2022
- When the government hides spy cameras on your land, fight back in court | Opinion - Tennessean - December 14th, 2021
- Comparing drug patent linkage in China and the US - Lexology - December 14th, 2021
- Rockford Black Lives Matter case over bond hearings is now in hands of US Court of Appeals - Rockford Register Star - December 14th, 2021
- Man convicted of raping two lifeguards appeals to Va. Supreme Court over DNA collected from drinking straws - WTOP - December 14th, 2021
- We Hear You: Parents Must Fight to Save Public Schools - Daily Signal - December 14th, 2021
- Judge Denies Motion to Suppress DNA Evidence on Cup Used by Accused in Police Interview; Defense Claimed Client Denied Water on 6-Hour Trip, then... - November 29th, 2021
- European Union: COVID-19 State aid update - State aid Temporary Framework prolonged and additional aid for recovery possible (6th Amendment) -... - November 29th, 2021
- Govt That Spies Has Insatiable Appetite - KMJ Now - February 4th, 2021
- Close the Gaps - East Bay Express - February 4th, 2021
- Is Americas Approach to Cannabis Racist? Study Shows Its Worse Than You Think - GreenState - February 4th, 2021
- Federal appeals court allows reporters to sue SWAT officer who tear-gassed them during Ferguson protests - JURIST - February 4th, 2021
- Invoking Scalia, Sotomayor Presses for Broad Fourth Amendment Protections - Reason - October 30th, 2020
- EFF Files Amicus Brief Arguing That Law Enforcement Access to Wi-Fi Derived Location Data Violates the Fourth Amendment - EFF - October 30th, 2020
- Main Points Of The Fourth Amendment To Chinese Patent Law (Approved On October 17, 2020, Effective From June 1, 2021) - Intellectual Property - China... - October 30th, 2020
- Column: Michigan can bring privacy into the 21st century - The Oakland Press - October 30th, 2020
- IMPD dismissed from Dreasjon Reed lawsuit - WTHR - October 30th, 2020
- The Criminal Justice of Amy Coney Barrett - Washington Monthly - October 30th, 2020
- A guide to the statewide constitutional amendments on the ballot in November 2020 - Yellowhammer News - October 30th, 2020
- RUTHS HOSPITALITY GROUP, INC. : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an... - October 30th, 2020
- Assembly Committee Clears Verrelli & Benson Bill Protecting Employees from Employer Tracking Device Violations - InsiderNJ - October 30th, 2020
- The tyranny of the experts - Leader & Times - October 30th, 2020
- Mike R. Galli is recognized by Continental Who's Who - PRNewswire - October 30th, 2020
- Mail Voting Litigation in 2020, Part II: Submission of Mail-In Ballots - Lawfare - October 30th, 2020
- In its 4th revision to the SEC, Palantir tries to explain what the hell is going on - TechCrunch - September 20th, 2020
- City of Pierre among South Dakota towns ordered to pay a total of $440000 because of forced catheterizations - Drgnews - September 20th, 2020
- Former Torrington officer seeks to have evidence suppressed before trial - Scottsbluff Star Herald - September 20th, 2020
- Council To Have One-Day Session To Learn About Police - The Rhino TImes - September 20th, 2020
- Things to Know Before Your Neighborhood Installs an Automated License Plate Reader - EFF - September 20th, 2020
- Attorney argues Haynes and his brother bribed witness to recant his testimony in 1999 murder case - Kankakee Daily Journal - September 20th, 2020
- Justice Ruth Bader Ginsburgs Lasting Impact on U.S. Traffic Laws - The Art of Gears - September 20th, 2020
- Editorial, August 10, 2020: Your cellphone might be "Big Brother" - Richmond.com - August 10th, 2020
- Legal Brief: Surveillance and the Fourth Amendment - SecurityInfoWatch - August 10th, 2020
- Common Ways to Fight Against a Drug Possession Charge - Student Assembly of the State University of New York - August 10th, 2020
- Trump Judge Casts Deciding Vote to Grant Qualified Immunity on First Amendment Retaliation Claim: Confirmed Judges, Confirmed Fears - People For the... - August 10th, 2020
- Did Judge Reeves Reach the Correct Result in Jamison v. McClendon? - Reason - August 10th, 2020
- The Police Lie. All the Time. Can Anything Stop Them? - Slate - August 10th, 2020
- The Court of Justice of the European Union in Schrems II: The impact of GDPR on data flows and national security - Brookings Institution - August 10th, 2020
- Calls for police reform and racial justice spur a flurry of resolutions before the ABA House - ABA Journal - August 10th, 2020
- Reporters Committee amicus brief in Alasaad v. Wolf - Reporters Committee for Freedom of the Press - August 8th, 2020
- Meet the Judge Who Thinks a Black Man Walking Around Is a Crime - Rewire.News - August 8th, 2020
- Who will police Springfields cops? - The Boston Globe - August 8th, 2020
- 'Defund the police' is not a real reform strategy - The Maine Wire - August 8th, 2020
- Assessing Indias obsession with data localisation - Deccan Herald - August 8th, 2020
- How 9/11 and the US Civil War provided the framework for federal agents in Portland - News@Northeastern - August 7th, 2020
- Senators Graham And Blumenthal Can't Even 'Earn' The EARN IT Act: Looking To Sneak Vote Through Without Debate - Techdirt - August 6th, 2020
- The Constitutional Case Against Trumps Use of the Department of Homeland Security - The New Yorker - August 6th, 2020
- 'Trump's Troops Are Breaking the Law and Creating Chaos' - FAIR - August 6th, 2020
- Portland demonstrates that government spying on citizens has become commonplace, and easy - Washington Times - August 6th, 2020
- Plainclothes NYC police grab protester and throw her into unmarked car - WSWS - August 6th, 2020
- Majority of Kingston aldermen view Kingstonian project tax pact favorably, with conditions - The Daily Freeman - August 4th, 2020
- Officers on the street without ID or insignia is dangerous - News-Press Now - August 4th, 2020
- "It's the decent thing to do" - News - Fowler Tribune - August 4th, 2020
- What would the Founding Fathers do? - Smoky Mountain News - August 4th, 2020
- How the president became the deporter in chief. - Slate - August 3rd, 2020
- Want To Reform The Police? Get Rid Of Qualified Immunity - WBUR - August 3rd, 2020
- Who is Zane James, why were his brother and father detained by police in Cottonwood Heights protest? - MEAWW - August 3rd, 2020
- Unpacking DHS's Troubling Explanation of the Portland Van Video - Lawfare - August 1st, 2020
- Capitol Hill grilling of tech CEOs highlights expansion of 'geofence warrants' - WRAL.com - August 1st, 2020
- R Sikoryaks latest project is a word-for-word adaptation of the U.S. Constitution - Boing Boing - August 1st, 2020
- FBI bulletin exposes another crack in ELD mandate - Land Line - Land Line Media - August 1st, 2020
- Analysis: Is Trump stretching the law to deploy federal police power in cities? - wenatcheeworld.com - July 31st, 2020
- NRA and Tea Party: Where are you now? - Greensboro News & Record - July 31st, 2020
- Fourth Amendment | United States Constitution | Britannica - July 30th, 2020
- Fourth Amendment - the Text, Origins, and Meaning - July 30th, 2020
- "It's the decent thing to do" - News - Pueblo Chieftain - July 30th, 2020
- Trump Judge Casts the Deciding Vote to Reverse District Court Ruling to Suppress Evidence Obtained in Violation of the Fourth Amendment: Confirmed... - July 29th, 2020
- Trump Judge Casts the Deciding Vote to Give Qualified Immunity to Officers Who Violated Fourth Amendment: Confirmed Judges, Confirmed Fears - People... - July 29th, 2020
- How does the Fourth Amendment apply to my child while at school? - Lawyers.com Blog - July 29th, 2020
- Ga. voters will decide thorny 'sovereign immunity' issue this fall - Georgia Recorder - July 29th, 2020
- Shot Twice in the Back: A Case Tests the Fleeing Felon Defense - The New York Times - July 29th, 2020