City's no-knock warrant prohibition overturned by Kentucky's supreme court
In a recent ruling, the Kentucky Supreme Court has declared the Lexington no-knock warrant ban null and void, citing conflict with the state law that limits but does not prohibit the use of no-knock warrants during police raids. However, the ban on no-knock warrants in Louisville, enacted following the tragic death of Breonna Taylor, remains in effect.
The state law, passed by the GOP-led Legislature and signed by Democratic Gov. Andy Beshear, created significant and strict restrictions about how and when a no-knock warrant can be secured. It prohibits no-knock warrants from being served between 10 p.m. and 6 a.m., except in certain circumstances, and limits their use to cases with "clear and convincing evidence" of a violent crime.
The Lexington ordinance, on the other hand, prohibits its police from ever seeking a no-knock warrant. The local police union, however, challenged this ordinance, claiming it conflicts with state law and the union's collective bargaining agreement.
Justice Michelle Keller, in a dissenting opinion, argued that Lexington's ordinance did not run afoul of the state law. However, the majority of the court ruled otherwise, stating that the Lexington ordinance is null, void, and of no effect due to its conflict with the state law.
The ruling comes after Louisville officers burst into Breonna Taylor's apartment after midnight, which would have been against the state law's restrictions. Taylor was shot by these officers who used a no-knock warrant in March 2020. Her death, along with George Floyd's, sparked protests against racial injustice in 2020.
Breonna Taylor's mom, Tamika Palmer, was present at the signing ceremony for the state law. Governor Andy Beshear, in his second term, is widely seen as a potential candidate for president in 2028.
Despite the Kentucky Supreme Court's ruling, the Louisville government officially maintains that its ban on knock-and-announce warrants remains valid despite the ruling against a similar ordinance in Lexington. This means that the use of no-knock warrants in Louisville remains restricted, as per the local ordinance passed following Taylor's death.
Keller questioned why the Kentucky Legislature did not attempt to nullify Louisville's no-knock ordinance when passing the state law. This question remains unanswered, but the ruling on the Lexington ordinance serves as a reminder of the complex interplay between state and local laws in policing matters.
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