25 August 2015 Ad/10 Elul 5775
Because no-knock raids were with us at the very beginning of our nation. Protection against rogue government was paramount to our founding fathers.
Our Declaration of Independence, U.S. Constitution of 1776 and the Bill of Rights ratified in 1791 were the product of thoughtful leaders addressing past wrongdoings of government.
There were Bills of Attainder
A special legislative enactment that imposes a death sentence without a judicial trial upon a particular person or class of persons suspected of committing serious offenses, such as Treason or a felony.
It was to prevent on-the-spot executions our founders add the following clause to the Constitution.
Article I, Section 9, clause 3: “No Bill of Attainder … Law shall be passed.”
And, there were Writs of Assistance
Writs of assistance were court orders that authorized customs officers to conduct general (non-specific) searches of premises for contraband. The exact nature of the materials being sought did not have to be detailed, nor did their locations.
Using Writs of Assistance, British enforcers could forcibly enter private property at will in search of contraband, illegal substances, at will.
It was to prevent law enforcement officials from conducting no-knock raids based on hearsay testimony the founders added the Sixth Amendment to the Constitution.
Amendment VI: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
No we have No-Knock Raids
Example No. 1
Example No. 2
Example No. 3
There are situations where cops break into the wrong address.
Example No. 1
Example No. 2
First Duty of Government
The first duty of government is not to punish. Most certainly, it is not the duty of law enforcement officers to ascertain guilt or innocence. The first duty of all government is found in the second paragraph of the Unanimous Declaration of Independence.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed
Yes, the first duty of all government is “secure these rights”. As you see in the above examples, no-knock raids based on scant evidence, most egregiously those that threaten lives of innocent persons, do not conform to either our history or our republican form of government.
Rise of the Warrior Cop
Radley Balko’s book is available from Amazon.com.
I encourage you to have a dialogue with your local law enforcement officers, prosecutors and judges. See where they stand on American principles of the Rule of Law. Also review this interactive map from the CATO Institute.