No-Knock Warrants | Wisconsin Search Warrants
No-Knock Warrants Are Legal And Valid In Wisconsin
Most people are familiar with the requirement that officers obtain a search warrant before entering a property to search it. When we picture what this looks like, our mind sees officers knocking on the door and being allowed entry once they present the warrant. That is the case in most situations, but in some cases, officers can obtain no-knock warrants, which allow the police to enter the property for search purposes without announcing themselves first. Instead they enter by force.
No-Knock Warrants Began In Wisconsin
Wisconsin was actually the first state to authorize the use of no-knock warrants in the 1997 case, Richards vs. Wisconsin. The case involved an unannounced search for drugs in a hotel room, which was challenged. The case eventually made its way to the U.S. Supreme Court, where the State asked the Court to grant a blanket rule allowing law enforcement officers to enter a property without knocking in a case involving felony drug investigation. The Supreme Court did not grant this request, but did authorize the use of no-knock warrants if:
- there is reasonable suspicion to believe that knocking and announcing police presence would be dangerous or would inhibit an effective investigation.
Police still must apply to a court to obtain a no-knock warrant. As with traditional search warrants, the court will decide whether or not to grant the warrant and also whether or not to grant the no-knock provision, depending on the facts of the warrant affidavit submitted.
No-knock warrants remain more prevalent in our state than in other states.
Obtain A Free No-Knock Warrant Case Consultation From Our Madison, Wisconsin Law Firm
As a Madison, WI based law firm, the criminal defense attorneys at Eisenberg Law Offices have extensive experience with no-knock warrant cases. If you or a loved one has been subjected to a no-knock warrant, contact us to arrange a free case consultation. We will examine the search warrant to make sure your 4th Amendment rights are protected, advise you on possible next steps, and represent you in court, if need be.