Ohio AG calls for changes, but not ban, to police “no-knock” warrant searches

Ohio Attorney General Dave Yost is calling on state leaders to pass new legislation that would raise the bar for when a law enforcement officer is permitted to carry out a “no-knock” search warrant.

The tactic has been at the center of controversy in recent months, as the method police used to enter the Louisville, Kentucky home of Breonna Taylor in March.

Some cities across the country have considered banning the law enforcement tactic in recent months. Yost, (R), did not call for an end to no-knock warrants, but did call for tighter restrictions on the practice in a letter sent to Gov. Mike DeWine and leaders in both house of the Ohio General Assembly.

“The no-knock (warrant) is designed for those rare occasions where there’s a serious problem, a serious issue of officer safety,” Yost said at a virtual news conference Thursday, while noting the state has seen an increased use of the tactic in recent years.

“Our goal is to tighten the requirements and the controls on the use of this tool, but not to eliminate it entirely,” Yost said, noting the need for citizens to feel safe in their homes, but also what he described as an occasional need for law enforcement to use the tactic when announcing themselves and knocking might put their safety at risk.

In a prepared statement, here’s how Yost described the reforms he would make to the practice of no-knock warrants:

• Raising the threshold to substantial risk of serious physical harm to officers.
• Clarifying that the phrase “good cause” means “probable cause” and does not mean a “reasonable suspicion,” which is a lower standard.
• Barring no-knock warrants when allegations encompass only misdemeanor drug possession or the possession of drug paraphernalia.
• Requiring officers conducting a no-knock warrant to wear readily identifiable markings and to identify themselves as soon as possible upon entry.
• Requiring officers conducting a no-knock warrant, absent exigent circumstances, to wear and activate body cameras.

Yost’s proposal would need to be approved by both houses of the Ohio General Assembly and signed by the Governor to become law.

Cox Media Group