II. NO-KNOCK WARRANTS
No-knock warrants are disfavored under the law and limited largely
to those states that have enacted statutory provisions authorizing
their issuance. In fact, "[t]he prevailing ... view is that a
magistrate may not issue a so-called no-knock search warrant in the
absence of such a statutory provision." 2 Wayne R. LaFave, Search
and Seizure s 4.8(g) (1987). No statutory authority exists under
Florida law for issuing a no-knock search warrant.
The reasoning against no-knock warrants is convincing.
Circumstances that may seemingly justify issuance of a no-knock
search warrant may change drastically after issuance but before
execution of the warrant. Conditions must be assessed at the scene
at the time of entry: While a search warrant must necessarily rest
upon previously obtained information.... Facts existing at the
time of obtaining a warrant may no longer exist at the time of
entry. Such an emergency, therefore, can be judged only in light
of circumstances of which the officer is aware at the latter
moment. *3 Parsley v. Superior Court, 513 P.2d 611, 614 (Cal.1973).
As a matter of policy, no-knock warrants are disfavored because of
their staggering potential for violence to both occupants and
police, as Congress recently discovered [FN4] and as is apparent
in the present case. We conclude that in the absence of express
statutory authorization no-knock search warrants are without legal
effect in Florida.