What is a no knock search warrant?

Asked over 4 years ago - Buffalo, NY

What is the difference between a regular search warrant and a no knock search warrant? Are no knock search warrants issued only for drug offenders and those suspected of having weapons? If your home is raided by the police during a search warrant are you allowed to get all of your money out of the house first so the police don't steal your money?

Attorney answers (4)

  1. Rochelle S. Berliner

    Pro

    Contributor Level 13

    Answered . The answer to your last question us that once the police enter your home with a search warrant, they will detain everyone inside the home, so you would not be able to get your money out of the house. In fact, they either will handcuff you and anyone else in the home while the search is being conducted, or they will handcuff everyone and remove them from the home while the search is being conducted. The most you would be able to do is get dressed if you are wearing pajamas, and that would be done under supervision.

  2. George Peter Conway

    Contributor Level 17

    Answered . Greetings:

    Pursuant to CPL 690.50 (1) a police officer in executing a search warrant must give, or make reasonable effort to give, such person notice of his authority and purpose and show him the warrant or a copy thereof upon request. However, pursuant to CPL 690.50(2) a police officer need not give notice to anyone of his authority and purpose, as prescribed in subdivision one, but may promptly enter the same if:(a) Such premises or vehicle are at the time unoccupied or reasonably believed by the officer to be unoccupied; or (b) The search warrant expressly authorizes entry without notice. A "No Knock Search Warrant" expressly authorizes entry without notice.

    Best regards,

    George P. Conway
    www.albanycriminaldefenselawyer.com

    Suite 208
    120 West Avenue
    Saratoga Springs, NY 12866

    1-877-858-2889

  3. Eric Edward Rothstein

    Contributor Level 20

    Answered . A no-knock search warrant allows the police to enter without warning - they can simply kick in the door. A regular warrant requires them to annouce their presence. A no-knock warrant is
    legally and constitutionally authorized only when there is reasonable cause to believe that the property to be seized is subject to quick or easy destruction or disposal, or when the giving of notice may endanger the life or safety of the executing officer or another person.

    The above is meant for information purposes only and not as legal advise.

  4. George Peter Conway

    Contributor Level 17

    Answered . If you would like to learn more about New York Search Warrants go to: http://www.nycourts.gov/judges/SearchWarrant_Ma...

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,719 answers this week

3,173 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,719 answers this week

3,173 attorneys answering