What Minneapolis' current no-knock warrant policy really says
(CNN) An officer from a Minneapolis SWAT team shot a man to death while serving a Wednesday morning warrant in connection with a homicide investigation, and though the man who they shot was armed, he was not the target of the warrant, attorneys and police say.
The
shooting by an officer on the SWAT team, which keyed into the apartment
and appeared to announce their presence about the time they crossed
into the apartment, in a city that came to represent ground zero for the
police reform movement, raised questions from the man's family and
others about the city's warrant policy. Video released by the police
begins with the officer keying into the apartment.
In
total, 14 seconds of real time video was released by the city. From the
limited amount of video the city released, it's not clear how they
approached the apartment or how they reacted after the shooting.
It's
not clear what is contained in the warrant, and Minneapolis officials
have said the totality of circumstances leading to their officer
shooting Locke are now under investigation by the state's Bureau of
Criminal Apprehension. CNN has not obtained a copy of the warrant, which
is currently under seal.
Interim
Minneapolis police chief Amelia Huffman said at a Thursday news
conference "both a knock and no-knock search warrant were obtained" for
three locations within the building where the officer shot the man, but
she did not elaborate.
The
city garnered significant national media attention in November 2020
when it announced, amid a nationwide reckoning over police policies
prompted in part by the murder of George Floyd by a Minneapolis police
officer and the shooting of Breonna Taylor during warrant service in
Louisville, it was changing its policy.
Some touted as an "accomplishment" that Minneapolis Mayor Jacob Frey banned no-knock warrants. But the city did not ban no-knock warrants,
and like most police department policies, its policy gives wide leeway
to field supervisors to make decisions based on conditions they
encounter and allows for no-knock warrants in certain situations. Under
the new policy, warrants must be approved by the chief.
As
of Monday morning, language contained in Frey's press release
announcing the new procedure for having no-knock applications approved
was not reflected in the Minneapolis Police Department's policy and
procedure manual.
The
Minneapolis policy allows "unannounced entry" on high-risk warrants,
which would "authorize officers to enter ... without first knocking and
announcing their presence or purpose." A judge is supposed to indicate
whether it is permitted.
The
Minneapolis Police Department's SWAT team is generally supposed to be
used for "high-risk warrants," as determined by an internal
risk-assessment form.
"SWAT
personnel shall be used in all other situations where a 'preplanned'
entry in to a building or dwelling is necessary to arrest a suspect(s)
who is believed to be armed and/or dangerous or when entry to the
location may be hazardous or impeded because of warning systems,
reinforced doors, or other impediments," according to the policy.
The
city's warrant policy requires officers, in most cases, to announce
"police" and "search warrant" before crossing the threshold of the door
into a home, even on no-knock warrants. But a supervisor can decide
whether it would "create an imminent threat of physical harm" and allow
officers to enter without announcement.
When
asked about the "imminent" circumstances in this particular case, a
spokesperson for the city of Minneapolis told CNN, "this is part of the
ongoing investigation being conducted by the Minnesota Bureau of
Criminal Apprehension."
City
officials haven't released a copy of the warrant or a copy of any
pre-warrant paperwork they may have completed, so it's not known what
went into planning. The current city policy has been in effect for about
14 months.
A
Star Tribune review of available court records found Minneapolis police
personnel have filed for, and obtained, at least 13 applications for
no-knock or nighttime warrants since the start of the year -- more than
the 12 standard search warrants sought in the same span. At least
another seven no-knock warrants have been carried out at Minneapolis
addresses by other law enforcement agencies, notably the Hennepin County
Sheriff's Office.
A
Minneapolis Police Department SWAT team served the warrant based on
information from a homicide investigation in the neighboring city of St.
Paul.
Minneapolis
police department policy requires officers serving a warrant in another
city to contact that city's dispatchers and, "where the potential of
deadly force is an issue and could be contemplated," to defer to that
city's police department for "entry and securing the scene." It's not
clear if St. Paul has a similar policy.
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