Without some evidence of potential for violence, presence of loaded firearms alone does not justify no-knock execution of search warrant
SEARCH & SEIZURE United States v. Nielson, No. 04-3424, ___ F.3d ___ (10th Cir. Jul. 21, 2005)(Kansas). Government appeal of district court order suppressing evidence seized during no-knock execution of search warrant. HELD: While potential presence of loaded firearms may heighten risk to police officers executing search warrant, where no other evidence of potential violence or danger exists, such circumstances do not support reasonable suspicion that exigent circumstances justify dispensing with requirement that police knock and announce presence when executing warrant. Read the opinion here. |
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