Bill would put stricter rules on no-knock warrants

CARSON CITY – The already-rare use of no-knock warrants by Nevada law enforcement agencies would get stricter ground rules under legislation put forward by the attorney general’s office.

Senate Bill 50 would prevent judges from issuing no-knock arrest or search warrants unless authorities seeking the warrant affirm by affidavit that it’s to prevent destruction of evidence or protect the safety of officers or other parties.

Presenting the bill to the Senate Judiciary Committee on Wednesday, Attorney General Aaron Ford said he brought it in response to the death of Breonna Taylor, a Black woman fatally shot in her home on March 13, 2020, by Louisville, Kentucky, police executing a no-knock warrant.

As police entered, Taylor’s boyfriend, thinking they were intruders, fired a warning shot. Police returned fire with 32 shots, six of which hit Taylor. A subsequent error-filled police report listed her injuries as “none” and said no force was used to enter, though a battering ram was employed. The city of Louisville in September settled a wrongful death lawsuit with Taylor’s family for $12 million.

“Her death gave rise to me bringing this bill forward,” Ford told the committee. Police in Nevada, he said, “have done a good job of policing themselves on the use of no-knock warrants. However, the restraint we have seen exercised here is the result of internal policy, not law.”

The bill “seeks to enshrine these good policies into law by providing that no-knock warrants can only issue in very limited circumstances.”

The bill is subject to ongoing discussion over amendments, based on conversations with law enforcement and civil rights groups, Ford told the committee. No-knock warrants could not be issued in cases of misdemeanor, property or drug possession crimes, he said.

With the pending amendments, agencies seeking a no-knock warrant would have to show the crime involved is a felony; show why a “knock and alert” warrant is insufficient; explain that it will be executed in the daytime or why it must be executed at night; describe the investigation involved; and certify both that less invasive measures would not work and that officers serving the no-knock warrant are trained in doing so.

To carry out the warrant, officers must identify themselves, use the least amount of force required, wear body cameras, and ascertain before executing the warrant whether need still exists.

Taylor’s killing, Ford said, “showed us a reason for having this discussion.”

“I didn’t find this a difficult one to tackle, and I look forward again to working with the interest groups and we’re sure we can get this done,” he said.

The bill will come back to the committee for a work session on the amendment and a vote.

Contact Capital Bureau reporter Bill Dentzer at bdentzer@reviewjournal.com. Follow @DentzerNews on Twitter.