By Guy Page
With a bill to strip police of legal protections against lawsuits stalled – for now – in the Senate, anti-police power lawmakers and activists now demand a ban on ‘no knock arrest warrants.’
S228 would “prohibit the use of no-knock warrants by law enforcement officers absent a threat of serious bodily harm and to require a law enforcement officer to provide notice of the officer’s identity and purpose to the occupant of a premises before the officer enters the premises to execute the warrant.”
The lead sponsor is Sen. Kesha Ram Hinsdale (D-Chittenden and candidate for the U.S. House), also the lead speaker at a noon press conference today that also features several leading opponents of what they say is ‘systemic racial injustice” in Vermont law enforcement.
The press release from the Ram campaign cites no Vermont examples of no-knock abuses. Rather – as with many other ‘systemic racial injustice’ bills – the need for S228 is justified by problems elsewhere in the U.S.
“Community leaders and legislators will call on the legislature to address the enduring issue of police violence across the nation, disproportionately impacting communities of color,” the campaign release says. “This is, sadly, once again a timely discussion, as just last week the nation witnessed the horrific killing of 22-year old Amir Locke in a raid carried out with a no-knock warrant.”
According to media reports, Locke was in a St. Paul, Minnesota apartment lying on a couch wrapped in a blanket Feb. 2, 2022, when police entered with a no-knock warrant as part of a homicide investigation. After an officer kicked the couch, Locke sat up and turned toward the officers while holding a gun.
Not addressed in the Ram campaign press release or S228 is any potential harm to police. Although statistics on no-knock and knock statistics are lacking, 2021 was a deadly year in general for police. The no-knock warrant was needed to protect the safety of officers, the request for the Locke warrant said.
The National Fraternal Order of Police reports that nationwide there were 346 officers shot in the line of duty in 2021. Of those officers shot, 63 of them were killed by gunfire. There were 103 ambush-style attacks on law enforcement officers in 2021 (+115% from 2020 YTD). These ambush-style attacks have resulted in 130 officers shot, 30 of whom were killed by gunfire. The number of ambush-style attacks listed does not include the numerous incidents where an officer was shot at but not struck by gunfire during an ambush-style attack.
Ram and the activisits also support S.250, the Policing Accountability Omnibus Bill. It includes:
Independent Investigations into Law Enforcement Use of Force: This section of the Bill requires the Vermont Criminal Justice Council to launch an independent investigation whenever a police officer uses physical force in the line of duty resulting in death or serious bodily injury. It also requires that a three-member investigative team conduct the investigation rather than a single investigator.
Data Collection of Law Enforcement Encounters Resulting in Death or Serious Bodily Injury: Expands data collection from only roadside stop data to also include law enforcement encounters resulting in an officer-involved death or serious bodily injury.
Creation of Giglio Database & Codification of Brady Disclosure Requirements: Requires a prosecutor to disclose officer misconduct information to a defendant in a criminal prosecution. This is a critical provision to officer accountability and a record of any encounters where misconduct has occurred, which ultimately determines promotion, rehiring, or whether or not an officer can take the witness stand in a trial.
Prohibition on Involuntary Confessions Based on False Information Provided by a Law Enforcement Officer: Prohibits involuntary confessions that are made based on false information during a criminal proceeding.
Private Right of Action Against Law Enforcement Officers and Elimination of Immunity: Permits private individuals to sue law enforcement officers for violations of rights guaranteed under Vermont law.