Is the current trend of "no-knock warrants" constitutional?
#RGTS301
Only in the most extreme of cases, when there is good and substantial reason to believe that citizens may be violent or evasive, should law enforcement not be required to announce the warrant and enter private property with great care and respectful diligence.
Related questions
- #RGTS299May warrants be general? (Rights and Amendments)No, warrants must specify who is to be searched, what of their property is to be searched, and what in particular is being searched for.
- #RGTS300How should warrants be delivered to citizens? (Rights and Amendments)Because citizens are presumed innocent until proven guilty, even if there is probable cause to issue a warrant, warrants should be delivered in a manner consistent with the citizen's rights.
- #RGTS298What are the requirements in obtaining a warrant in order to legally search a citizen's person or property? (Rights and Amendments)Warrants must be issued by a court, upon evidence of "probable cause" (that a crime has been committed by the individual) as provided by law enforcement.
- #RGTS297What is the Fourth Amendment? (Rights and Amendments)The Fourth Amendment protects citizens against searches of persons or their property without a legal warrant.
- #RGTS296Does the Third Amendment apply to Civilian Law enforcement? (Rights and Amendments)The Third Amendment applies particularly to non-Civilian military personnel. However, no citizen's private property rights should be infringed upon by another, even by law enforcement.
- #RGTS295What is the Third Amendment? (Rights and Amendments)The Third Amendment commands that soldiers may not be quartered in the homes of citizens without their consent. It places ultimate control of private property in the hands of the citizenry, rather tha...
- #RGTS303What else does the Fifth Amendment provide? (Rights and Amendments)The Fifth Amendment also prohibits anyone being deprived of life, liberty or property without due process of law. It also prohibits the taking of private property, even for important public causes, wi...
- #RGTS302What is the Fifth Amendment? (Rights and Amendments)The Fifth Amendment protects our citizens against an injustice known as double jeopardy. An American citizen may not be tried for the same offense twice. The fifth amendment also protects defendants f...
- #POW156Doesn't a citizen have a right to have his property, and to maintain his property without fear of confiscation? (Powers of Congress)Yes, a citizen has the right to have and maintain his property. However, God did not make men as property to be owned by other men.
- #POW167May a citizen of the United States be punished for an action that was not contrary to any law at the time of the action, but does violate a law that was enacted after the time of the action? (Powers of Congress)No. A law that attempts to punish actions that were done before the law was made, is called an "ex-post-facto law." This also is expressly forbidden by the Constitution.
- #POW166May a man's children be punished by law for his offense? (Powers of Congress)This must never happen in our country; and is expressly forbidden by the Constitution.