The Law of No-Knock Search Warrants in Minnesota
The police may obtain and execute a no-knock search warrant in Minnesota when they have reason to believe that the evidence inside a home or business may be destroyed if advance warning of the police entry was given to the occupants. A no-knock warrant may also be justified in a situation where the circumstances present a threat of physical violence to the officers. Police are required to make a preliminary showing to a magistrate in a search warrant affidavit of suporting facts that would justify the issuance of a no-knock warrant. The standard used by the Court when reviewing an application for a no-knock warrant is whether or not the facts alleged create a “reasonable suspicion” that knocking and announcing the presence of the police would create a danger to the officers, be futile, or allow the occcupants time to destroy evidence once alerted to the presence of the police.
A preliminary showing of threats to the officers can be made by including in the search warrant application a reference to the criminal record of the occupants for arrests or convictions for violent crimes. An arrest or conviction for an assault, dangerous weapon, or carrying weapons without a permit would all be examples of conduct that could present a threat of physical violence to the officer.
A preliminary showing in a search warrant affidavit of the liklihood of the destruction of the evidence could include an allegation that the occupants have a history of destroying evidence during the execution of prior search warrants.
The Fouirth Amendment to the United States Constitution guarantees “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” If the search warrant lacks sufficient grounds for the issuance of a no-knock warrant, an experienced Minneapolis criminal defense attorney would file a motion to suppress the use of the evidence obtained as a result of the illegal search. If the Court grants a motion to suppress the use of the evidence at trial, the criminal case will be dismissed for lack of probable cause to believe a crime was committed.
If you or someone you know has been charged with a crime that involves evidence seized as a result of the execution of a no-knock search warrant, call Robert J. Shane for a free phone consultation. Mr. Shane has 30 years of criminal defense experience and will examine the facts of your case to determine if the evidence against you was obtained in violation of your constitutional rights. Call Mr. Shane now at (612) 339-1024 or visit his website for more information at www.criminallawyerminnesota.com.