Discuss daytime and nighttime warrant executions and no-knock entries. What problems do you believe are inherent with each? Do you agree with the courts? Why or why not?

Question

What will be an ideal response?

Answer 1

Most states and the federal government have statutes requiring that search warrants be served and executed during daylight hours. However, such laws permit a magistrate or judge to authorize a nighttime search. Federal Rule of Criminal Procedure 41(e) permits the authorization of a nighttime search when "there be cause for carrying on the unusual nighttime ... search ... upon a showing (that) convinces the magistrate that it is reasonable." Law enforcement officers must knock, identify themselves, state their purpose, and await a refusal or silence, when executing a warrant, before they enter private premises. An unannounced or no-knock entry can be made if it is specifically authorized by the search warrant or if the officers can show that notice by knocking would be likely to:
- Endanger the safety of the officers or another person
- Result in the evidence subject to seizure being easily and quickly destroyed or disposed of
- Enable the party to be arrested or searched to escape
- Be a useless gesture
Night time and no-knock warrants may increase the danger to both law enforcement officers serving the warrant as well as the occupants of the residence or building to be searched. Student responses should be based on their understanding of the materials, regardless of position.