Presence of Guns Alone Does Not Justify No-Knock Entry

U.S. v. Nielsen, 2005 WL 1694033 (7/21/05) - The 10th affirms a suppression grant on knock and announce grounds. The defendant's involvement with firearms was not enough to justify a "no-knock" exemption. The officers did not have reasonable suspicion to believe that knocking and announcing would be dangerous or futile where: an anonymous tipster said the defendant had an automatic weapon and narcotics in his garage; in 1999 the police had searched the defendant's home and found five weapons, including a loaded gun on top of a laundry basket, and marijuana, resulting in charges of felon in possession and marijuana possession; at the time of the 1999 search, the defendant did not resist, threaten violence or try to conceal evidence when the police entered; and recently the officers found marijuana seeds and cloth patches used to clean firearms in the defendant's garbage. Evidence that a firearm was present by itself "does not demonstrate an increased risk beyond that normally faced by officers, especially where the firearm was supposed to be in the garage and there was no evidence the defendant had interior access to the garage." Particularly notable was the lack of evidence the defendant was distributing narcotics or had engaged in any prior violent conduct. And, the good faith exception did not apply because the warrant affidavit was so facially deficient. The officers should have known the mere presence of firearms is insufficient to justify a no-knock entry.