After an outcry over the use of no-knock warrants in Kentucky following the shooting death of Breonna Taylor, a bill is in the works to regulate the use of such warrants. Owensboro Police Chief Art Ealum and Daviess County Sheriff Keith Cain were among the speakers Tuesday during a meeting with lawmakers.
Senate President Robert Stivers II, R-Manchester, said during Tuesday’s meeting of the Interim Joint Committee on Local Government that he’s working on a bill to regulate the use of such warrants.
“This would not allow a no-knock warrant to be a standalone use or tool for police officers,” Stivers said.
A no-knock warrant allows law enforcement officers to enter a property without announcing their presence. Stivers noted these are typically used in situations where it is considered dangerous for law enforcement’s presence to be known.
The bill deals with an issue that has gained much attention since Taylor, a 26-year-old EMT from Louisville, was shot and killed during the execution of a no-knock warrant in connection to a narcotics investigation on March 13.
When officers entered Taylor’s home unannounced, her boyfriend shot at officers thinking they were intruders. One officer was injured during the incident, but charges against the boyfriend in relation to the shooting of the officer have been dismissed. No drugs were found in the home.
Taylor’s death has led to statewide and nationwide protests calling for the ban of no-knock warrants and police reform.
Stivers added he’s consulted many different groups, including the Kentucky Association of Police Chiefs and the Kentucky Sheriffs’ Association, of which Ealum and Cain are respectively members.
Stivers said the bill bans the use of standalone no-knock search warrants and law enforcement agencies would have to use it as a secondary tool alongside an arrest warrant or any other type of search warrant.
The bill’s draft also calls for no-knock warrants to be conducted by those who are trained in handling tactical situations, such as a SWAT team, Stivers said.
Stivers added a supervisor would be required to sign off on its use. The legislation also calls for judges to certify that the application has not been presented to any other judge.
As for liability, Stivers said there should be entity and individual liability if a no-knock warrant is improperly obtained and executed.
In discussing civil and criminal penalties, Stivers said that is something that will require further discussion with the Interim Joint Committee on Judiciary.
“No-knock search warrants should not be used for purposes to recover property, drugs or anything like that,” said Ealum, who is also the president of the Kentucky Association of Chiefs of Police.
Ealum added no-knock warrants should only be used in extreme circumstances, such as to prevent the loss of human life during a hostage situation.
Ealum said the association would refrain from expressing an opinion on the bill Stivers is working on until they are able to review the piece of legislation.
Stivers did not say when a draft of the bill would be completed but did note the bill is already nine to 10 pages in length.
Cain said across Kentucky’s 120 sheriff’s departments, many do not use no-knock warrants.
“I did an informal survey in preparation for this testimony today,” Cain said. “I spoke with a number of my peers and with sheriffs across Kentucky and I could not find one that would endorse their use. Not one.”
While Cain said he could not think of any exceptions where a no-knock warrant should be used, he believes the exceptions can be clearly laid out in Stivers’ bill.
The next time the Interim Joint Committee on Local Government will meet will be at 12:30 p.m. on Aug. 27 at the Fair and Exposition Center in Louisville.
