There is room for debate, and room to consider. Let’s begin with the practice of early morning no knock warrants.
The argument developed during the 1980’s, after we learned that the KGB had studied and found that at about three in the morning the human body reaches it’s low point. This was the ideal time to conduct a raid, and we found that the KGB was right. The humans were less alert, less coordinated. Especially if they were asleep.
That meant the odds of a successful raid, determined as one that got the evidence available before it could be destroyed, and with no injuries or deaths among cops, was much higher.
But there is a problem too. And it should be obvious to you gentle reader. That is that the person just waking up is confused, it takes time to fully awaken. The person can’t make out the words. What is this person shouting? Why are they here? Reactions are instinctive. And instinct is always fight or flight in the animals on this planet.
So while the cops are shouting the approved message, and moving quickly to secure the scene, the individuals are waking to confusing and frightening circumstances. If you think I overstate it, have a loved one remove your firearms, or render them safe before you sleep. Then have those loved ones rush you wearing black including balaclava masks, shouting and jumping on you. Make sure that your insurance is up to date, and you have your cards on you, because chances are someone is going to need medical care.
I had surgery on my hand. I woke from surgery confused, disoriented from the anesthetic. I woke combative, and the words and assurances of the nurses that everything was OK, might as well have been in Klingon. I didn’t understand. Two male orderlies were injured in the fight. I hit them with the cast encasing my hand.
I did not intend to injure anyone. I honestly had no idea what was happening, and I was fighting for my life. That was all I understood. Fortunately the surgery was conducted in a Military Hospital, and the people understood that reactions of Combat Veterans was likely to be outside the norm from time to time. I regret that people were injured, but until I was coherent enough to understand what was going on, I wasn’t really responsible, it wasn’t my fault. It was an instinctive response. Exactly the sort of response you would want, and expect in a Combat Arms soldier. Fight when your life depends on it. Fight against any odds. And fight holding nothing back. It is what we train Soldiers to do. Fight being the entire purpose of having an Army.
Since that time, I’ve warned medical personnel of this incident. Warning them that I have previously woken in extreme violence, so that they can be aware, and choose the right medications so I wake more gently, and with greater awareness as I wake. They also strap me down to insure that I won’t react with violence, if I do wake confused and in a frame of mind where fighting is vital to my survival. So far, nobody else has been hurt after surgeries.
But that waking prepared for violence is not just something that is likely with ex military. It is possible with anyone. We have seen it with several shootings of late haven’t we? People who woke to the shock and awe blitzkrieg of the Police Middle of the night warrants service.
The people don’t have time to wake up, and understand what is happening. They have seconds to react, and they react using force to defend themselves. Anyone remember Breonna Taylor?
And this reaction is a danger to police. In an effort to reduce the coordinated response, the police increase the risk of the uncoordinated response.
We have seen this scene play out, with deaths on both sides of the argument. Civilians killed because they are reacting to an immediate threat as they see it, and police killed by people who believe they are defending their home from an invasion attack.
It is time to consider the use of early morning raids. It is time to consider the no knock warrants. If they are justifiable in extreme circumstances, then only use during extreme circumstances is warranted.
If everyone is going to be out of the Apartment at two in the afternoon, why not conduct the search then? If everyone is going to be out of the House at six in the evening, then six in the evening is the time to conduct the search. The Evidence will be easier to find if there aren’t bullets flying in both directions won’t it?
Remember this wasn’t an arrest warrant. It was a search warrant. The police believed that evidence was in the apartment, somewhere. Maybe. Perhaps.
If there is no rush, why rush? Be patient, and be smart. Arrest the guy on the street if you find the evidence. Surround him and get him to surrender. But busting into the house in the wee hours hoping that he doesn’t react by shooting at you, is a small consolation if your partner is killed by a stray bullet, or lucky shot from a frightened homeowner who is otherwise not a criminal.
A young man, who according to his family, had a valid concealed weapons permit, and was otherwise a law abiding citizen, is dead. Because he reacted to what he perceived as a threat. And sadly, I would probably wake the same way. Reaching for a gun, trying to understand a situation when sleep is driven from my mind, and I’m still confused and only just waking. When action would be required, before I could have time to understand the situation, or the screaming that is going on.
There is a lot of things to consider, and we have taken too much for granted for three decades, or more, and now we are forced by circumstance to have the conversation we should have had three decades ago.
