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John Whitehead's Commentary

Jackboots Policing: No-Knock Raids Rip a Hole in the Fourth Amendment [SHORT]

John Whitehead

We’re all potential victims.”—Peter Christ, retired police officer

It’s the middle of the night.

Your neighborhood is in darkness. Your household is asleep.

Suddenly, you’re awakened by a loud noise.

Someone or an army of someones has crashed through your front door.

The intruders are in your home.

Your heart begins racing. Your stomach is tied in knots. The adrenaline is pumping through you.

You’re not just afraid. You’re terrified.

Desperate to protect yourself and your loved ones from whatever threat has invaded your home, you scramble to lay hold of something—anything—that you might use in self-defense. It might be a flashlight, a baseball bat, or that licensed and registered gun you thought you’d never need.

You brace for the confrontation.

Shadowy figures appear at the doorway, screaming orders, threatening violence.

Chaos reigns.

You stand frozen, your hands gripping whatever means of self-defense you could find.

Just that simple act—of standing frozen in fear and self-defense—is enough to spell your doom.

The assailants open fire, sending a hail of bullets in your direction.

You die without ever raising a weapon or firing a gun in self-defense.

In your final moments, you get a good look at your assassins: it’s the police.

Brace yourself, because this hair-raising, heart-pounding, jarring account of a no-knock, no-announce SWAT team raid is what passes for court-sanctioned policing in America today, and it could happen to any one of us.

Nationwide, SWAT teams routinely invade homes, break down doors, kill family pets (they always shoot the dogs first), damage furnishings, terrorize families, and wound or kill those unlucky enough to be present during a raid.

No longer reserved exclusively for deadly situations, SWAT teams are now increasingly being deployed for relatively routine police matters such as serving a search warrant, with some SWAT teams being sent out as much as five times a day.

SWAT teams have been employed to address an astonishingly trivial array of so-called criminal activity or mere community nuisances: angry dogs, domestic disputes, improper paperwork filed by an orchid farmer, and misdemeanor marijuana possession, to give a brief sampling. In some instances, SWAT teams are even employed, in full armament, to perform routine patrols.

These raids, which might be more aptly referred to as “knock-and-shoot” policing, have become a thinly veiled, court-sanctioned means of giving heavily armed police the green light to crash through doors in the middle of the night.

No-knock raids, a subset of the violent, terror-inducing raids carried out by police SWAT teams on unsuspecting households, differ in one significant respect: they are carried out without police having to announce and identify themselves as police.

It’s a chilling difference: to the homeowner targeted for one of these no-knock raids, it appears as if they are being set upon by villains mounting a home invasion.

Never mind that the unsuspecting homeowner, woken from sleep by the sounds of a violent entry, has no way of distinguishing between a home invasion by criminals as opposed to a police mob. In many instances, there is little real difference.

According to an in-depth investigative report by The Washington Post, “police carry out tens of thousands of no-knock raids every year nationwide.”

While the Fourth Amendment requires that police obtain a warrant based on probable cause before they can enter one’s home, search and seize one’s property, or violate one’s privacy, SWAT teams are granted “no-knock” warrants at high rates such that the warrants themselves are rendered practically meaningless.

In addition to the terror brought on by these raids, general incompetence, collateral damage (fatalities, property damage, etc.) and botched raids are also characteristic of these SWAT team raids. In some cases, officers misread the address on the warrant. In others, they simply barge into the wrong house or even the wrong building. In another subset of cases, police conduct a search of a building where the suspect no longer resides.

SWAT teams have even on occasion conducted multiple, sequential raids on wrong addresses or executed search warrants despite the fact that the suspect is already in police custody. Police have also raided homes on the basis of mistaking the presence or scent of legal substances for drugs. Incredibly, these substances have included tomatoes, sunflowers, fish, elderberry bushes, kenaf plants, hibiscus, and ragweed.

All too often, botched SWAT team raids have resulted in one tragedy after another for the residents with little consequences for law enforcement.

The horror stories have become legion in which homeowners are injured or killed simply because they mistook a SWAT team raid by police for a home invasion by criminals. Too often, the destruction of life and property wrought by the police is no less horrifying than that carried out by criminal invaders.

As one might expect, judges tend to afford extreme levels of deference to police officers who have mistakenly killed innocent civilians but do not afford similar leniency to civilians who have injured police officers in acts of self-defense. Indeed, homeowners who mistake officers for robbers can be sentenced for assault or murder if they take defensive actions resulting in harm to police.

The problem, as one reporter rightly concluded, is “not that life has gotten that much more dangerous, it’s that authorities have chosen to respond to even innocent situations as if they were in a warzone.”

A study by a political scientist at Princeton University concludes that militarizing police and SWAT teams “provide no detectable benefits in terms of officer safety or violent crime reduction.” The study, the first systematic analysis on the use and consequences of militarized force, reveals that “police militarization neither reduces rates of violent crime nor changes the number of officers assaulted or killed.”

SWAT teams, designed to defuse dangerous situations such as those involving hostages, were never meant to be used for routine police work targeting nonviolent suspects, yet they have become intrinsic parts of federal and local law enforcement operations.

This is exactly what we can expect more of as a result of President Biden’s commitment to expand law enforcement and so-called crime prevention at taxpayer expense.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, our privacy, property and security are no longer safe from government intrusion.

No matter what the politicians insist to the contrary, militarized police armed with weapons of war who are empowered to carry out pre-dawn raids on our homes, shoot our pets, and terrorize our families are not making America any safer or freer.

WC: 1090

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

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