HOUSTON – In court, there are a lot of terms people need to know about and what they mean to each one of us.
In our ‘Anatomy of a Trial’ series, KPRC 2 Legal Analyst Brian Wise breaks down what a no-knock warrant is and how it’s used in court and law enforcement.
WHAT IS A NO-KNOCK WARRANT?
“A no-knock warrant is a warrant that is executed by law enforcement, as any other warrant is, except that given its name, law enforcement does not have to announce who they are or their entry,” says Wice. “It’s reserved for those situations where law enforcement reasonably believes that if they announce their presence, either they will be in danger, or that there’s a substantial likelihood that evidence is going to be destroyed.”
IS A NO-KNOCK WARRANT LEGAL?
“No-knock warrants are absolutely legal, says Wice. “[They are] constitutional in the State of Texas, although some jurisdictions take a different view.”
DOES A JUDGE NEED TO SIGN OFF ON A NO-KNOCK WARRANT?
“A judge has to sign off on every search warrant, whether no-knock or a warrant where law enforcement announces its presence,” he adds. “It’s the ultimate failsafe mechanism to ensure that law enforcement doesn’t kick down your door without probable cause.”
WHO CAN EXECUTE A NO-KNOCK WARRANT?
Wice tells us, “Any police department from your local municipality to the constable, to the sheriff’s, to HPD, to DEA.”