CBA Record July-August 2022

YOUNG L AWYERS S EC T I ON : BU I LD I NG BR I DGE S

cause,” which the statute fails to define. Similarly, the Illinois statute fails to define which “reasonable steps” police must take to ensure they search the correct prop erty. By allowing exemptions, Kentucky’s solution also perpetuates the mistaken property problem but on a smaller scale. Consequently, the problems from no knock warrants persist even under these measures. So long as no-knock warrants remain available to police, innocent people will remain in danger of constitutional violations; minority communities will experience disproportional targeting; and taxpayers will foot the bill for the damage caused by frequently botched raids. Instead of implementing piecemeal measures, all United States jurisdictions should ban no-knock warrants entirely. Such warrants contravene the blackletter rule requiring police to announce their presence before entering private property. State, local, tribal, and territorial jurisdic tions should require their courts to sup press any evidence police obtain from

no-knock raids. A ban on no-knock war rants is publicly popular with nearly 64% of Americans as of 2020 (including 75% of Democrats and 52% of Republicans). Additionally, jurisdictions should pro mulgate strict knock-and-announce regu lations to ensure police notify occupants when they arrive to execute search war rants. Those regulations should specifically describe the civil or criminal penalties for any violations to ensure accountability. The idea for this article was inspired by American Bar Association Resolution 21-12YL.

Formerly a prosecutor in Chicago, Nicholas R. Flores now practices fed eral labor law as a trial attorney.

Kenneth Matuszewski is an associate at Goldberg Segalla where he practices intellectual property litiga tion; he is the Second Vice Chair of the YLS and a Co-Chair of the Racial Justice Coalition.

Sarah Chowdhur y i s Legal Counsel for the Illinois State Comptrol ler Susana Mendoza; she serves as Co-Chair of the Racial Justice Coalition and the Law and Debate Club and is President

Elect of the South Asian Bar Association.

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