When a judge issues a no-knock warrant, police have the right to enter your house or break into it in order to find evidence of a crime or to catch you in the act.
The Fourth Amendment to the U.S. Constitution is the basis for laws about warrants for the arrest of people suspected of crimes and searches of private property. Pursuant to this amendment, you have the right to be secure in your person and property. The state cannot arrest you, search your property, or demand to enter your house unless a judge has certified that there is a legally justified reason. Even in that case, the police must follow certain rules. As scary as it sounds, Georgia and most other states sometimes issue warrants that allow police officers to barge into your house without knocking at any time of the day or night. As you can imagine, the consequences of no-knock warrants can be disastrous, but even if you are arrested and charged with a crime after a no-knock warrant, you still have the presumption of innocence. The Atlanta criminal defense lawyers at Ghanayem & Rayasam can help you if you are being accused of a crime after a no-knock warrant.
How are No-Knock Warrants Different From Other Warrants?
A warrant is written permission from a judge for a law enforcement entity to make an arrest or conduct a search that the Fourth Amendment would otherwise forbid. In other to get the warrant, the police must present the court with evidence they have found that leads them to suspect you of a crime. In the case of a search warrant, they must also be specific about the evidence they expect to find at the place they plan to search.
In most cases, warrants only allow the police to enter the person’s private property during daylight hours, and they must knock and give you a chance to answer the door. With a no-knock warrant, police can simply enter the house or break into it. The courts issue these warrants when judges believe that the police will not be able to find the person or evidence they are looking for by executing an ordinary warrant.
No-Knock Warrants are as Terrifying and Tyrannical as They Sound
The idea of armed police officers breaking into your house in the middle of the night sounds like a dystopian nightmare. It is a perfect storm for a violent confrontation, and in the Atlanta area alone, it has led to the senseless killing of innocent people in their homes, ranging in age from 19-year-old Bounkham Phonesanvh to 92-year-old Kathryn Johnston. Georgia lawmakers are considering a bill that would require police to wear body cameras while executing no-knock warrants.
Atlanta Criminal Defense Lawyer
A criminal defense lawyer can help you if you are facing criminal charges after law enforcement arrested you after entering your home with a no-knock warrant. Contact the defense lawyers at Ghanayem & Rayasam in Atlanta, Georgia, about juvenile cases.