If police broke down your door and stormed your home looking for narcotics based on a “no-knock” search warrant, it may be possible to argue that the warrant was improper – even if illegal drugs were found during the raid.
This is because courts are supposed to apply strict standards before they authorize these kinds of warrants, which allow officers to burst into your home without warning. It may be possible, depending on the facts of your case, to successfully argue that police did not have a legitimate reason to ask a judge for the no-knock warrant.
To support a no-knock warrant, police must be able to demonstrate that if the court were to issue a traditional search warrant – one where the police knock first before entering – either their safety would be in jeopardy, or that the evidence they are seeking would likely be destroyed.
But if the information the police have to support these claims is faulty – if the facts they allege are false, or if the source of the information, such as an informant, is unreliable – it may be possible to argue that the no-knock warrant never should have been issued. Sometimes, police rely on very general allegations to support requests for a no-knock warrant. When those allegations are not specific enough, the argument is that they were not enough to support the no-knock warrant that the judge issued.
When this happens, it may be possible to argue that the information the police used to support their warrant application was not enough to support the search they conducted – in other words, that they lacked “probable cause” to conduct the search.
Self-Defense: Another Issue in No-Knock Cases
Indiana law permits someone to defend themselves when they are in their own home – that extends to using “deadly force.” The person must reasonably believe the use of force is necessary to “prevent or terminate” an “unlawful entry of or attack on” their home.
No-knock warrants run up against this law, often called the “Castle Doctrine.” This happens when the occupants of the home believe that they are being attacked as part of a home invasion when the police burst in. They defend themselves, with police being injured or killed as a result. One defense to charges that follow from this is that it was reasonable for the person to believe they were being attacked, in part because police didn’t announce themselves before breaking down the door.
Razumich & Associates Can Defend You in No-Knock Warrant Cases
If you have been charged with a crime because of evidence that was seized in a no-knock search, contact Razumich & Associates for help. Our experienced attorneys have helped clients all across Indiana, including in the Indianapolis metropolitan area, fight for their rights in narcotics and other types of cases where the authorities have overstepped their bounds. We know what it takes to win and are ready to fight for you and your rights from the day we start working for you.
To set up a free case evaluation, contact Razumich & Associates online, or call us at 317-983-5333.
