NCJ Number
196723
Journal
Police: The Law Enforcement Magazine Volume: 26 Issue: 5 Dated: May 2002 Pages: 58-60-61
Date Published
May 2002
Length
4 pages
Annotation
This article discusses the concerns raised when a tactical team damages property or injures a person pursuant to a forcible entry.
Abstract
As the number of tactical teams across the country increases, so does the number of lawsuits brought against these teams. Most of these lawsuits are brought when the tactical team damages property or injures a person pursuant to a forcible entry. To better protect tactical teams from litigation, police departments should consider several main areas of concern. The first concern is training. The vast majority of teams conduct SWAT training only one day a month. Both the National Tactical Officers Association and the International Association of Chiefs of Police recommend a minimum of 2 days training per month for part-time teams and up to 25 percent of on-duty time for training for full-time teams. The second concern is damage to property. Generally, officers are allowed to inflict damage that is reasonably necessary to execute a warrant. The U.S. Supreme Court held in the case United States v. Ramirez that excessive or unnecessary damage of property during a search violates the Fourth Amendment, even though the entry itself is lawful. A third concern is knock notice time requirements, that is, the amount of time a team must wait before making a forcible entry if the occupants do not respond to a knock notice. Most jurisdictions hold a 30-second delay is sufficient to meet the requirement.