No-Knock Warrants in Florida

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  1. Florida is one of only two states (along with Oregon) that prohibit issuing no-knock warrants, as explained on End All No-Knocks.
  2. The ban on no-knock warrants in Florida was established by the Florida Supreme Court in the 1994 case State v. Bamber.
  3. Florida law requires that police knock, announce their presence, and give occupants sufficient time to allow or deny entry before forcibly entering a residence to execute a search warrant. More details can be found on the Tampa Crime Attorneys website.
  4. The “knock-and-announce” rule is codified in Florida Statute 933.09.
  5. While no-knock warrants are prohibited, police may still enter without knocking in certain exigent circumstances, such as:
    • If the person inside already knows of the officer’s authority and purposeIf officers reasonably believe persons inside are in imminent peril of bodily harmIf the officer’s safety would be at increased risk by announcing their presenceIf those inside are attempting to escape or destroy evidence
  6. Even with knock-and-announce warrants, police sometimes execute them in a manner similar to no-knock raids (called “quick-knock” warrants), which has been criticized, as discussed on End All No-Knocks.
  7. There have been efforts to further restrict all types of search warrants and increase police accountability regarding their execution, with more information available at End All No-Knocks.

while true “no-knock warrants” are illegal in Florida, there are still circumstances where police may enter without announcing themselves, and concerns remain about how even standard warrants are sometimes executed in practice.