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 Search Warrants Under Scrutiny As Police Killings Spark Reforms

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Search Warrants Under Scrutiny As Police Killings Spark Reforms Vide
PostSubject: Search Warrants Under Scrutiny As Police Killings Spark Reforms   Search Warrants Under Scrutiny As Police Killings Spark Reforms Icon_minitimeThu Jul 09, 2020 1:01 am

The police officers who killed Breonna Taylor came with a search warrant that allowed detectives to raid the 26-year-old’s home without first knocking.
Such warrants — called no-knocks — instantly proved controversial once Taylor’s death was thrust into the national spotlight. The Louisville Metro Council was swift to ban the use of no-knock warrants last month in a unanimous vote.
In practice, no-knock warrants like those solicited for the Taylor search are rare: of more than 6,000 search warrants served by LMPD since 2018, fewer than 1% were no-knocks, according to LMPD data. 

And now, the call to reform the process by which police seek and obtain search warrants from Louisville judges is broadening, sparking introspection and infighting at the courthouse.
Some attorneys, civil liberty advocates and criminal justice experts say the search warrant process lacks transparency, oversight and fairness. But many Louisville judges defend the system, saying a judge’s oath alone binds them to act with integrity and the push for reform is little more than window dressing.
Ted Shouse, a Louisville-based defense attorney, pushed for reform to the broader system of search warrants in an op-ed in the Courier Journal last month. Shouse argued the current system is unnecessarily secret, and gives police an upper hand not afforded to criminal defendants.

Police can call, email or meet-in person with a judge to get a warrant. Officers can take their pick between 30 judges with jurisdiction in the county to present their case for a search warrant. And anecdotally, judges, lawyers and researchers have concluded that officer’s warrant requests are rarely refused — for those that are, there’s no record to show for it and no system to track how or if a request is modified or just presented to another judge for approval.
“All I’m advocating is transparency,” Shouse said in an interview with KyCIR last week. “Why would a judge not want transparency?”
Chief Jefferson Circuit Judge Angela McCormick Bisig said judges are “gatekeepers” and “neutral listeners.” They may be cordial with officers, but they’re not casual and they don’t play favorites, she said.
“We take this responsibility very seriously,” she said. “We try to be transparent.”


https://kycir.org/2020/07/08/search-warrants-under-scrutiny-as-police-killings-spark-reforms/


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