Almost a year and a half after a Minneapolis SWAT team fatally shot 22-year-old Amir Locke during a no-knock raid in a downtown apartment, a new law will go into effect making it more difficult for courts to sign off on the controversial practice.
Nationwide attempts to curtail the use of no-knock warrants began after the 2020 killing of Breonna Taylor during a botched raid in Louisville, Kentucky, but gained steam in Minnesota after Locke’s death. Protesters filled the entrance to Minneapolis City Hall in the days after his killing, and state lawmakers brought a measure limiting the practice back to committee a year later, where it ultimately passed the Legislature and was signed into law.
Despite stricter criteria for law enforcement to get a no-knock warrant, the new restrictions are not a total ban, leaving the door open for use in exigent circumstances like hostage situations. Some believe had the new restrictions been in place during the ill-fated Minneapolis raid, Locke would still be alive. Others remain unsure.
Amir Locke’s killing
In February last year, Locke was asleep on the couch in his cousin’s apartment in downtown Minneapolis when a Minneapolis Police Department (MPD) SWAT team executed a no-knock search warrant as part of a St. Paul murder investigation by entering the apartment using a key.
Startled, Locke rose from the couch and grabbed a gun he was licensed to carry before Officer Mark Hanneman shot and killed Locke just seconds after the officers entered the apartment. Body camera footage released later showed officers wearing protective gear and shouting commands like “Hands!” and “Police search warrant!”
In the application for the warrant, executed in the investigation of St. Paul man Otis Elder’s murder, officers specifically asked to do the search without knocking and outside of the hours of 7 a.m. to 8 p.m. They cited a history of violence by the suspects and wanted to ensure officer safety due to the use of a gun in the homicide that they said could pierce body armor.
Attorney General Keith Ellison and then-Hennepin County Attorney Mike Freeman declined to press charges against Hanneman, stating bodycam footage showed Locke’s gun was pointed at Hanneman and that it was unclear whether the officer violated the state’s use of deadly force laws.
The new law
At the end of the legislative session in May, lawmakers passed a robust public safety budget package that also featured dozens of policy provisions, including a new measure that imposes new restrictions on no-knock search warrants.
As of July 1, courts can’t issue or approve no-knock search warrants unless law enforcement demonstrate in their application that the search cannot be conducted while no one is home, and that the people inside are threatening death or harm to either the officers or to other people inside the residence.
Officers must also loudly announce themselves as they enter the premises.
Rick Petry, a professor at the Mitchell Hamline School of Law, said it’s difficult to definitively say whether the restrictions in the new statute would have prevented the raid that ended in Locke’s killing.
On one hand, the officers executing the warrant were entering the home of someone who was believed to be a suspect in a murder case, and therefore presumed to be armed having used a firearm to kill someone already. But, Petry said, the second piece of the new restrictions dictating whether there was an imminent threat might have been in question.
“An imminent threat typically means it’s about to happen right now, and that means that you would have to demonstrate that there’s somebody in there right now that’s armed and if the officers knock, they’re going to start doing something to cause death or harm to someone,” he said. “Based on what’s been publicly released, I don’t know that they could have made that kind of showing.”
Not a total ban
The new restrictions raise the threshold for the types of situations for which courts can issue no-knock warrants, but the controversial tactic can still be carried out when law enforcement need it in exigent circumstances like hostage situations.
The typical process requires law enforcement to fill out an application accompanied by an affidavit that explains the facts and what they expect to accomplish with the warrant. A judge then reviews the affidavit and makes their determination.
Within that process there are spots for potential human error, Petry said. For example, the signing judge that typically reviews the applications is signing dozens of other things a day and is sometimes asked by law enforcement to expedite it further.
“They’re going to review this stuff, but it may be sort of a cursory review, rather than a more thoughtful and considered review,” he said. “It’s not like they get the search warrant, affidavit and application and then sit on it for a day or two and think about it. Oftentimes, especially with something like this, it’s exigent circumstances and the cops are trying to get in there fast.”
Though they were hoping lawmakers would ban the practice, Andre Locke said the new restrictions are a good start. He believes that under the new law, his son wouldn’t have died.
“The new no-knock restrictions that are in place now would have saved Amir’s life,” said Andre Locke, Amir’s father.
As they continue to mourn the loss of their son, Andre Locke said he and his family are advocating for a no-knock search warrant ban on the federal level and continue to fight for justice for Amir.
“My son tragically had to lose his life in order to reach this point, but everything has to start somewhere,” he said. “Amir’s legacy and his name will be attached to this new law that restricts no-knock warrants.”
Must allow time to hide any contraband or grab a weapon when entering a house in a murder investigation.
Are you familiar with the concepts of due process or “innocent until proven guilty”?
Taking what you have written literally would mean that LE would never be able to detain or jail any suspect in a murder case, for example, regardless of compelling evidence, because they are “innocent until proven guilty.” Every serious crime suspect then should be able to be immediately released back into the public until their trial.
“Every serious crime suspect then should be able to be immediately released back into the public until their trial.”
Just to clarify, the Minnesota Constitution grants all persons accused of a crime the right to be released on bail. Even non-whites accused of the most heinous crimes.
If the police can storm in unannounced and shoot you for brandishing a gun while you’re still disorientated from being woken up and are unsure what’s going on, (and have every reason to believe that your home is being invaded) then we do not have the second amendment rights that the GOP claims to love. Same thing goes for being shot by a skittish cop because you announced that you had a CC permit at a traffic stop. If you can get killed because you’re exercising your rights and the police don’t face any consequences then you don’t actually have those rights.
Go find the other videos from the encounter – the ones Kare11 didn’t show you. You may retain the same position on no-knocks, which is reasonable, but you won’t prop this encounter up as evidence.
I’ve seen all of the footage, thanks. 8 seconds, that’s how long between the first cop announces their presence and the time the shooting starts. You wake from a sound sleep with shouting and flashlights and are expected to have perfect knowledge of the situation and respond exactly correctly (in the eyes of the police who are all shouting and who’s minds you can’t read) or you’re dead. It’s not reasonable, by which I mean that an average, reasonable person would not be able to perform the actions (or lack thereof) that would save their life under those conditions.
Look up, see cops barging in your door, go back down, grab your loaded pistol which just so happens to be right next to you while you’re sleeping on a relative’s sofa, then rise back above the couch pointing the weapon. Nope.
Be jolted awake by shouting and someone storming in the door with flashlights. Sit up with your head still covered by a blanket, scrabble to get your arms out of the blanket and grab your legally owned firearm, which you have next to you for your own reasons that you’re under no obligation to justify to anyone, get shot by the police before you’re fully awake and disentangled from your blankets.
You’re failing to give any benefit of the doubt to him, his rights and his ability to process what is happening in the span of the 8 seconds before he is shot. I’m extending him both his right to self defense and the same grace that right wingers would extend to a member of their “In group” if a white conservative trump supporter had been the victim.
Love the education you’re giving to these individuals!
First rule of gun safety: Never aim your gun unless you intend to use it. Second rule: Always know what it is you are aiming at.
You don’t know who is at the door. Could be cops, could be a burglar, could be another family member. People have shot at family members thinking they are burglars.
“see cops barging in your door”
That’s an assumption, that he saw ‘cops’, vs seeing ‘people with guns pointed at him barging in his door.’
Further, as a reminder – the guy the cops were looking for wasn’t even there! Why are they using no-knocks when they don’t even know who’s in the home? As this case shows, it’s a very high risk practice that was over-used by MPD. Reducing use of this tactic is a good thing.
Have they apprehended the suspect? His cousin, so sad. The police searched warranted two other apartments in that building that night…. HOW CAN this be JUSTICE? In the US-LAND OF THE FREE…that’s for another time.
Perhaps the lesson is that …. if you are staying with a murderer and you have a gun and you live on the edge of being law abiding and, maybe ‘hang around’ with others who commit crime …. you are living too dangerously.
And maybe he did not know his cousin was a murderer or his history. Or maybe given his age, he gave him the benefit of the doubt. Wasn’t the cousin in another apartment? And name who he was hanging with who had committed crimes? Lots of assumptions, who is bad and who is worthy. The warrants should be limited but not banned, they are meant to be used in rare circumstances that demand immediate action. Watching the video, officers are doing what they are allowed to do, but that is where it gets confusing, the voices giving demands are difficult to understand due to the yelling, lower tones. Someone waking up would probably have a tough time to understand.
You have a right to carry a firearm, not brandish it. Just like driving a car you have to know how to operate it safely or it can get you killed. The person at your door could be an intruder, it could be the cops, it could be a family member. Always know what you are pointing your gun at. A friend of mine was awakened in the middle of the night by what he thought was an intruder. It turned out it was his brother who was coming to his house unannounced after bar closing. My friend had his gun on him, but did not aim or fire it fortunately or he could have killed or injured his brother.
Resistence to this kind of reasonable restraint of police really underscores how the conservative/right are not concerned about the rights of some. Government thugs that beat and kill people in the inner city or at the border are ok. But when police, say, defend the US Capitol from rioters, it’s overreach?
“Conservatism consists of exactly one proposition, to wit: There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect.” Frank Wilhoit
A judge has to approve the no knock warrant. In this case I could see why he would. They were going to Amir’s cousin’s apartment, as his cousin was wanted on a murder warrant. Amir had a different home address, so they wouldn’t have know he was staying there.
How about knock on some doors, INVESTIGATE before you declare war on ALL OF US, United States Citizens….to protect and serve….>???
Never point a gun at a cop.
And whatever happened to Mr. Speed, the real reason Mr. Locke died?
So, you are hanging with a person that has a warrant out on them for murder, and when the cops show up you point a gun at them. Item 1, not a good idea to be hanging around with murders to begin with, Item 2 never a good idea to point a gun at folks that are charged with enforcing the law. No one is answering the question, why did he feel a need to have a gun at this apartment? Afraid of what? Did he know he was in a highly risky environment to begin with? Who sleeps with a gun? If I need a gun, I suspect I shouldn’t be sleeping!
Tens of thousands of Americans sleep with a gun nearby for protection. Should they all be killed by police?
Evidently you didn’t understand the point, if you are that afraid of a bump in the night that you are sleeping with a gun, perhaps you shouldn’t be sleeping, staying awake and standing guard instead! And just for kicks, statistically you have a higher risk of injury or death with the gun than without it, but of course facts don’t count, do they? And no surprise, if Mr. Locke would have been gun less, he would probably be alive today, but again lets not mess up the reality with reality!
Who sleeps with a gun?
Probably 90% of Anoka county
Your point is what? Folks in Anoka county are afraid of things that go bump in the night, or they don’t believe in statistics?
For starters it was his right. When is having a family member who has bad friends a reason to assume that person is a criminal? Do you do a background check on all your cousins friends? Funny how we give grace to the guy doing 90 down 394 or drinking and driving or someone who shoots his buddy hunting, but not a young man working a job where he worries about being robbed and stays at a family member’s home for the night.
Hello my fellow citizens –
Shouldn’t the police and SWAT team have conducted an investigation before carrying out a warrant? They should have determined who and where the warrant applies to, as well as the reasons for executing it. However, instead of following proper procedures, they entered the apartment using a key, which does not align with a “no-knock” search warrant. A “no-knock” warrant typically involves forcefully entering a location after announcing “police, search warrant,” usually in the early morning when most people are sleeping. In this case, it appears that the team entered outside of the regular search warrant hours, which are typically between 7 am and 8 pm.
Given the dangerous nature of their job, the police and SWAT team should have accurate information about the suspect’s identity, the nature of the warrant, and when and where to execute it. It is important to question the basis for their decision to enter the premises and why they did not follow the expected procedure of forcefully entering after announcing their presence.
Had the police fulfilled their responsibilities as officers, rather than resorting to military-style tactics without transparency or accountability, we would not be facing such a critical situation, where our lives and the lives of our children are at stake. It is crucial for law enforcement and the judicial system to uphold ethical and professional standards in their commitment to “protect and serve” the people.
Evidently you missed the part where they got a warrant from a judge! You think the judge just gives them out no preliminary investigation, etc. required? Perhaps you should blame the judge? Or better yet blame the guy that they were trying to arrest for murder!
“You think the judge just gives them out no preliminary investigation, etc. required?”………Absolutely!! Judges are members of law enforcement. They are on the same team as cops. They rubber stamp almost anything the cops send them. Sometimes in just a matter of seconds. The whole process is farcical. And why not? Judges have absolute immunity and never have to worry about being held to account for their actions.
Ah yes, the old, the entire system is corrupt argument! So burn it down and create it in your own image, either ultra leftist or ultra nightie, same solution! Great conspiracy theory, do you get a special corrupt identification card?
Jim wants a group dressed in purple dinosaur costumes to come in and give him a hug and ask him could he please turn himself in.
“Judges have absolute immunity and never have to worry about being held to account for their actions.”
Law enforcement as well.
I just googled “judge sent to prison” and got at least a half dozen examples of judges being prosecuted. So maybe they’re not as imune as you think they are.
Granted, judges do have a lot of power in thier hands, that’s why I am always a fan of having a jury decide a trial outcome, not a judge.