By Jeremy Chisenhall
Lexington Herald-Leader
LEXINGTON, Ky. — A day after Black faith leaders criticized the mayor for not backing a ban on no-knock warrants, the city’s police chief argued for allowing officers to use the tool to ensure safety in very limited circumstances.
The killing of Breonna Taylor during a botched search by Louisville police last year has led to calls to ban no-knock warrants in Lexington, and the city council will soon vote on an ordinance that could outlaw them. Some council members backed the prohibition in a committee vote.
Police Chief Lawrence Weathers told the Herald-Leader Thursday that no-knock warrants increase safety for suspects and police. The warrants allow investigators to enter a location unannounced.
“I’ve seen them go wrong even when you knock and announce,” Weathers said. “Like I’ve said before, you’re not going to get any guarantees on that. The thing I know I can say is that the no-knocks that we have done, we’ve been able to keep people safe on the majority of them.”
Weathers’ department rarely executes no-knock search warrants, and he said officers haven’t asked for any since Mayor Linda Gorton issued a moratorium in June of 2020. The moratorium allows no-knock warrants only in life-or-death situations, and police must have Gorton’s approval.
Weathers feels the policy should remain as is.
Lexington Black faith leaders on Thursday argued that police don’t need a warrant to enter a residence when a dangerous life-or-death situation, such as a kidnapping or a hostage situation, is ongoing.
The Black faith leaders, who have pushed for a ban for more than a year, said Thursday that an “exigent circumstances” exemption in the Fourth Amendment protects police from violating unlawful search and seizure laws in life-or-death circumstances.
Rev. Clark Williams said, “that is not a good or legitimate basis for not supporting what we’re calling for.”
Weathers acknowledged that exigent circumstances don’t require a warrant but said his department needs the warrants when danger is “imminent” but not ongoing. If someone is actively shooting people inside a home, police can enter. But if the shooter fires and escapes to another residence, police need a warrant to enter the new location, Weathers said.
“Do I really want to knock on that door first?” Weathers asked. “Or do I want to announce and say ‘I’m police’ and go in and get them by using a no-knock.”
‘I’d rather have them than not’
Weathers has repeatedly said police may need a search warrant for people considered armed and dangerous. The no-knock warrant helps police get into a home or building before the person can get a gun.
Police have gotten a warrant for a suspect who was previously involved in violent crime and shootings, and “they’ve been known to express that they’re not afraid of anybody — they’re not afraid of taking shots at anybody,” Weathers said.
“I’ve been involved in executing no-knock search warrants,” Weathers said. “I’d rather have them than not because we do deal with some bad people. That is the best way, on some occasions, that we can get in, get in quickly, control people and keep them from hurting themselves or hurting others. And keep our officers from getting hurt.”
Weathers also said the warrants work “for safety on both sides of the door.” But Lexington’s Black faith leaders disagreed Thursday.
What if Lexington bans no-knock warrants?
Weathers said Friday that “we’d have to follow the law” if no-knock warrants were banned in Lexington.
“We’d have to hope and pray and adjust our tactics to still keep the amount of safety that no-knock warrants provided everybody on both sides of the door,” Weathers said. “Admittedly, that’s probably going to be difficult.”
Louisville banned the warrants after Taylor’s death in her apartment.
Louisville investigators are now required to wait 15 seconds or a reasonable amount of time after knocking and announcing themselves before entering the home. A time limit has been debated in Lexington as council members consider a ban.
The proposed ordinance says that officers must wait a reasonable amount of time before entering. Lexington’s Black faith leaders criticized the language as too subjective; they want the law to dictate that officers must wait at least 30 seconds.
Weathers was concerned about imposing a minimum amount of time before his officers could enter a building. He said because property sizes vary, the law should allow officers to adjust the amount of time they wait.
“We could be executing a search warrant on a hotel room,” he said. “Putting a time frame on that — I mean a hotel room is small. It only takes a few seconds for somebody to get to the door. That means if you give them extra seconds, especially if you know it’s somebody in there that has a propensity for violence, then that could give them extra seconds to get to a weapon.”
New Kentucky law on no-knock warrants is ‘the best compromise’
Weathers said “the best compromise” he’s seen on the issue of no-knock warrants is a bill passed by Kentucky lawmakers earlier this year that restricted the use of the warrants.
The bill added regulations, dictating when no-knock warrants could be approved, when they could be executed, who was allowed to execute them and how a judge must approach the consideration of the warrant. The bill also brought prosecutors into the process for consultation.
“There were some things we didn’t like about it,” Weathers said about the new law. “But ultimately, I can’t argue with the logic behind it. I would say if you want something that’s more along the lines of common sense, ... look at that.”
Lexington police botched a no-knock warrant in 2015, resulting in a $100,000 settlement for the family whose home was improperly raided. But the raid happened before Weathers was chief, and he maintains that the warrant itself wasn’t the issue — it was the execution. Processes have changed since then, he said.
“Look at our track record,” Weathers said. “We’re going at the people that pose an imminent danger if not apprehended quickly. That’s what we’re looking for. The state wants you to go after people that pose an imminent danger.”
(c)2021 the Lexington Herald-Leader (Lexington, Ky.)