oama@lists.imla.org

Oklahoma Association of Municipal Attorneys

View all threads

Breonna’s Law/Ban on “No Knock” warrants

SR
Sommer Robbins
Tue, Jan 11, 2022 12:09 AM

It has been requested by a council member that a version of Breonna’s law or a ban on the police departments use of no knock warrants be placed on the city council agenda for consideration.

Has anyone else had this come up?

Thanks in advance,
Sommer Robbins
Srobbins@altusok.gov

Get Outlook for iOShttps://aka.ms/o0ukef

It has been requested by a council member that a version of Breonna’s law or a ban on the police departments use of no knock warrants be placed on the city council agenda for consideration. Has anyone else had this come up? Thanks in advance, Sommer Robbins Srobbins@altusok.gov Get Outlook for iOS<https://aka.ms/o0ukef>
ML
Matt Love
Tue, Jan 11, 2022 12:33 AM

I don't know how a City could do so by warrant. No knock warrants are
authorized by State law, and I don't think you could criminalize the use of
those warrants (properly executed by a Judge) when executed by other
agencies within your City limits. I don't know that you could criminalize
your own Officers executing such warrants (since, again, authorized by
State law and they would be serving State, not City, warrants). At best
maybe you could address it via the PD policies on when your policies would
authorize Officers to use them. I'd have to think about that - if a
District Judge issues a no knock warrant directed at your officers,
could the PD policies tell them not to comply with the warrant? Perhaps,
since the default is knock and announce and the proper endorsement merely
authorizes the no knock entry but arguably does not compel it. But I'm just
not sure it's a City issue.

On Mon, Jan 10, 2022 at 6:09 PM Sommer Robbins srobbins@altusok.gov wrote:

It has been requested by a council member that a version of Breonna’s law
or a ban on the police departments use of no knock warrants be placed on
the city council agenda for consideration.

Has anyone else had this come up?

Thanks in advance,
Sommer Robbins
Srobbins@altusok.gov

Get Outlook for iOS https://aka.ms/o0ukef

Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org

I don't know how a City could do so by warrant. No knock warrants are authorized by State law, and I don't think you could criminalize the use of those warrants (properly executed by a Judge) when executed by other agencies within your City limits. I don't know that you could criminalize your own Officers executing such warrants (since, again, authorized by State law and they would be serving State, not City, warrants). At best maybe you could address it via the PD policies on when your policies would authorize Officers to use them. I'd have to think about that - if a District Judge issues a no knock warrant directed at your officers, could the PD policies tell them not to comply with the warrant? Perhaps, since the default is knock and announce and the proper endorsement merely authorizes the no knock entry but arguably does not compel it. But I'm just not sure it's a City issue. On Mon, Jan 10, 2022 at 6:09 PM Sommer Robbins <srobbins@altusok.gov> wrote: > It has been requested by a council member that a version of Breonna’s law > or a ban on the police departments use of no knock warrants be placed on > the city council agenda for consideration. > > Has anyone else had this come up? > > Thanks in advance, > Sommer Robbins > Srobbins@altusok.gov > > > Get Outlook for iOS <https://aka.ms/o0ukef> > -- > Oama mailing list -- oama@lists.imla.org > To unsubscribe send an email to oama-leave@lists.imla.org >